The following checklist includes the typical questions that plaintiffs’ counsel will ask a plaintiff at trial for a personal injury case.
1. EFFECT OF INJURY
Please tell the jury the changes in your body and activities after the injury. Compare before and after the injury.
- Physical impairments.
- Appearance (disfigurement).
- Physical pain.
- Mental anguish.
- Indications of discomfort and pain.
- Walking, posture.
- Other body movements.
- Performing job duties.
- Social activities.
- Clubs, trips, dancing, church, etc.
2. SUMMARY: ACTIVITIES AND BODY MOVEMENTS
Generally, how would you summarize what is different about your activities as compared before your injury?
3. SUMMARY: MENTAL CONDITION; PAIN AND SUFFERING
Generally, how would you describe what is different about your mental condition as compared to before your injury?
4. EFFECT OF YOUR INJURIES ON ACTIVITIES AT HOME
Are there things that you now do not get done or no longer do?
- Meals and eating.
- Yard work, gardening.
- House maintenance.
- House work.
- Repair work.
- Car maintenance.
- Child care.
- Children counselor.
Are there restrictions on your time left available for yourself?
5. EFFECT OF YOUR INJURIES ON SOCIAL ACTIVITIES OUTSIDE THE HOME
- Times with relatives or friends?
6. LOSS OF CONSORTIUM
Has loss of your normal assistance and support made a change in your enjoyment of life or in your marriage?
- Emotional support.
- Sexual relations.
Before injury, were divorce proceedings started or contemplated?
After injury, have proceedings been started or contemplated?
What have you been told by doctors to watch for or expect in the future?
Has this injury caused worries for you about your future?
- Fear of future injuries.
- Fear of bad changes in condition.
- What are your worries caused by the injuries?
9. FINAL ITEM
What is the biggest change you have seen in yourself since the injury?