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Why Does Visual Storytelling Matter to Your Case?
Gives an Authoritative Impression
Strong efforts to educate with visuals builds trust in your expertise and conveys your confidence in your jury’s ability to understand the case.
Demonstrate expertise...
Visual technology can improve jury perception of your preparation, competence, and credibility (Park & Feigenson 2011). Well done efforts to educate your jury builds trust and conveys your confidence in your jury ability to understand the case (Mattheisen 2007).
Saves Time Explaining Complex Ideas
Being able to quickly teach the basics during mediation or trial, saves valuable time and gets to the point while keeping the attention of your audience.
Summarize injuries...
A picture is worth a thousand words. By using a visual summary of injuries you are able to very quickly portray the gravity of the situation; get through the basics quickly and get straight to your point, saving valuable time while maintaining the attention of your jury.
Improves Understanding and Retention
Visuals improve understanding and retention of your objectives so that your audience will be able to make a confident decision.
Make it memorable...
Visual aids help your audience understand a given situation and its relevance. About 60% of jurors are primarily visual learners compared to just 37% who are auditory learners (Brenden 2005). In general, people tend to remember only half of what they hear after 3 hours (Adler 2006). Recall after 3 days following a verbal presentation is about 10%, but using visual and oral communications together improves jury recall to 65% (McGraw 1992). Your jury needs to understand and remember what you told them, before it will be easy for them to make a confident decision on the situation. (Mattheisen 2007).
Promotes Consensus and Speeds Deliberation
Visual aids help group members process information in the same way, influencing perception of evidence and improving jury communication during deliberation.
Seeing is believing...
Visual aids can help group members process and structure information in the same way. This can influence their interpretation and perception of the evidence (Mattheisen 2007). This allows jurors to communicate clearly using the same language and organizing structures (Babcock & Bloom 2001), therefore reducing deliberation time.
Sources...
- Adler, Ronald B, and George Rodman. (2006). Understanding Human Communication, Ninth Edition. Oxford University Press.
- Babcock, Charles L. and Jason S. Bloom. (2001). “Getting Your Message Across: Visual Aids and Demonstrative Exhibits”. American Bar Associations’ The Journal Of The Section of Litigation Vol. 27 No. 3. 41-44.
- Breden, Ann E. and John D. Goodhue. (2005). The Lawyer’s Guide to Creating Persuasive Computer Presentations, Second Edition. American Bar Association.
- Matthiesen, Nicole. (2007). Making the Case—Graphics and the Modern Juror American Bar Association.
- McGraw Hill, (1992) “Logical Memory Section of the Wechler Memory Scale”. The Weiss-McGrath Report.
- Park, Jaihyunb, and Neal Feigenson. (2011). “Effects of a Visual Technology on Mock Juror Decision Making.” Applied Cognitive Psychology. Volume 17: 237-246.
- Strong, Elizabeth S. (2001). “Technology Tools in the Courtroom: How to Use Them, and How to Oppose Them.” ALI-ABA’s Practice Checklist Manual for Trial Advocacy. 205-210.
Learn more from our presentation
“Medical Illustration and Animation for Mediation and Trial”
as part of the Fayette County Bar Bench & Bar CLE course “Techno Tools for Organizing and Presenting Your Case”
June 24th, 2015 10:45-12:15 p.m Register for the Bench & Bar at www.fcba.com
Medical Legal Case Study
Unnecessary Carotid Artery Surgery Causes a Massive Stroke
Case Study Summary...
In this medical malpractice case, a poorly performed plaque-removal surgery (endarterectomy) in the carotid artery resulted in permanent brain damage. Both the radiologist and surgeon mistakenly diagnosed this patient, who had mild artery narrowing (stenosis), with severe artery narrowing. When the surgeon performed this unnecessary procedure, a number of mistakes occurred: failure to place a shunt to allow blood to continue flowing to the brain, damage to the artery wall, and a complete cutting and closing (ligation) of the carotid artery. This caused a blood clot and stroke, which permanently damaged a large part of the right side of the brain.
Misdiagnosis...
The first mistake was performing this procedure on an artery with mild narrowing (stenosis) instead of severe narrowing. Marks on the left-most scan that are only artifacts were misread as disease; the Mild Stenosis zoom in and Example of Severe Stenosis show the patient did not have severe narrowing.
Procedural Mistakes...
During the surgery, failure to use a shunt stopped blood flow to the brain. While the surgeon was trying to remove plaque (because of the misdiagnosis) that wasn’t there, the artery was ruptured. A correctly performed procedure is contrasted above.
Failure to Repair...
A procedure called an ‘external carotid swing operation,’ shown above, could have fixed the ruptured artery and saved blood flow to the brain. Instead, both the external and internal carotid arteries were completely cut and closed off.
Brain Damage...
This mistaken procedure and it’s large errors caused a blood clot and stroke in the brain, resulting in permanent brain damage, as is evidenced and illustrated by the CT scans above.
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