San Francisco Catastrophic Injury Lawyers
Another issue commonly faced in the catastrophic
personal injury case
is that of life expectancy. Even where counsel is
able to establish the fault of a defendant, if the defendant can convince
and/or jury that the plaintiff has a shortened life expectancy,
then the defendant's exposure for significant future medical care costs
Since the late 1980’s, defendants have turned to
a growing cadre of experts who base their forecasts of life expectancy
on a flawed "statistical analysis". Without fully reviewing
the basis for the conclusions of the various statistical approaches, counsel
must recognize its jury appeal.
First, it dehumanizes the injured plaintiff. The
plaintiff ceases to exist as a living, breathing human being with needs,
and instead becomes a statistical number to be compared with other numbers,
each purportedly representing, by category, other individuals similarly
Secondly, defense experts testifying at trial
may garner credibility with the court and/or jury by "humbly"
conceding that while s/he is not prescient enough to fully predict the
life expectancy of a catastrophically injured plaintiff with certainty,
the probabilities derived from a statistical approach reflect a greater
population and are therefore more accurate and trustworthy than other
more individualized approaches.
Lastly, an experienced lawyer for a catastrophically
injured plaintiff, in a rush to emphasize the tragic injury sustained
by their client, may lend credibility to a defense expert's forecast of
shortened life expectancy.
Fortunately, in most instances, experienced counsel
can overcome these common difficulties when faced with the statistical
approach. Experienced counsel can establish the flawed nature of the statistical
approach, thereby assisting the jury to a true resolution of the life
If you or someone you know has been injured
as the result of a catastrophic injury,
you need the assistance of The Scarlett Law Group.
today to speak with a California Personal Injury Attorney.