Costa's training included the proper (and non-impeachable) way to produce
a "Day-In-The-Life" Documentary to be used in a court of law.
Federal Rules of Civil Procedure govern what can and what cannot be
admitted in a court of law. There are many legal guidelines for producing
a "Day-In-The-Life." The purpose of a "Day-In-The-Life"
video is to document the consequential damages a plaintiff has sustained
due to an injury. Although it is not necessary to record all the normal
activities for an entire day, it is important to for the jury to see
how the plaintiff's life has been altered.
A video that shows the jury what a 'day-in-the-life'
of a particular person is like can achieve that end. The day's events
are not altered or staged in any way. The camera records any physical
therapy, care, treatment and the general environment. Unaltered audio,
recorded live, can also be included. The jury is then shown an edited
version of the tape generally no more than 20 minutes in length. These
tapes can be very emotional to the opposition and often a settlement
is made prior to showing the tape to the jury.
This type of video is not inherently inflammatory
nor is it made for the purpose of arousing the emotions of the jury.
This is a common mistake, and can be well-founded grounds for exclusion.
If the plaintiff's sole purpose for the video is to focus on pain and
suffering, the evidence must be held inadmissible. A "Day-In-The-Life"
video produced by an untrained amateur runs the risk of having the video
impeached which may result in the video not being viewed in court. We
suggest that you hire a trained and certified professional to create
an un-impeachable video.
Properly produced "Day-In-The-Life videos
are the best way to show the jury how the plaintiff's daily routine
has been altered due to an accident. One of the main issues in a personal
injury case is the amount of damage the plaintiff has sustained. This
can be very difficult to measure. A "Day-In-The-Life" documentary
can help the jury measure this loss. A video which fairly, honestly,
objectively and accurately portrays the plaintiff's changed lifestyle
lets the damages speak for themselves. Television has a way of captivating
the attention of the viewer and before you know it, the jury is placing
themselves in the role of the plaintiff. This greatly influences the
jury to render a decision in favor of the plaintiff. Increase jury awards
with this compelling video evidence. Many types of injuries are suitable
for the production of a "Day-In-The-Life" Documentary:
The most devastating injury may be that of
an active mind in an unresponsive body.
Quadriplegics, stroke victims, loss of sight,
or wearing prosthesis are all types of physical handicaps. It can be
hard to understand the struggles these plaintiffs undergo everyday.
Watching them on video brings it home to the viewer.
Suffering of a Spouse, Parent or Child of
While the spouse may carry on, he or she still
lives with this loss that must be compensated for. How many hours are
spent everyday by the spouse or parent caring for the plaintiff? While
it may be a labor of love, the caregiver still undergoes an enormous
amount of suffering due to the plaintiffs' injury that needs to be compensated
for. Additionally, living with and caring for an injured spouse, child,
or parent can cause emotional distress. While the spouse, parent, or
child of the injured may do the best they can to hide their emotions,
their lives have been changed forever. These damages can be effectively
and truthfully be shown in a way that the jury will understand without
crossing the line of impeachment.