Proving Damages to a Greenville Jury

Greenville, South Carolina, is one of the most conservative jurisdictions in the United States. The people who serve on juries here are not going to award millions for spilling hot coffee on yourself in a fast food drive through. Greenville juries are skeptical, and they demand that if you are bringing a personal injury case before them, that you have sufficient proof to meet your burden.

This is the great challenge (or burden) for the Greenville County trial attorney.

Yes, I said, "burden." The plaintiff has the burden of proof. A lawyer who relies on sympathy in Greenville, while just showing fault, introducing medical bills, and a video of the treating doctor, does a disservice to his client. That kind of proof will probably not be enough to generate an award of a fair and just amount of damages. If you are lucky, you might get a verdict equal to the medical bills.

A plaintiff who wishes to win her case and achieve a fair award of damages in Greenville must present her case with sufficient evidentiary weight to convince a group of twelve conservative upstate citizens that she has a legitimate case for such an award.

How does a trial attorney learn how to do this for his clients? For me, I like to rely upon authoritative literature for guidance. In this case, Deuteronomy 19:15 provides the answer.

One witness cannot establish any wrongdoing ... against a person, whatever that person has done. A fact must be established by the testimony of two or three witnesses.

Thus, a lawyer for the injured person should find at least two or three damages witnesses. These are the people who know the injured person and can provide their testimony about what has happened to their husband, child, friend, or coworker. These witnesses should be prepared to provide detailed testimony about specific events or observations that illustrate the harm caused to the person. Perhaps she is in pain. The witness should testify about his truthful observations of the person ... grimacing, complaining, limping, groaning, inability to do tasks or activities that they could do before. Even more persuasive is when witnesses describe the injured person's strivings to overcome her injuries; the grueling trial of physical therapy, the struggle to get back to work, or perhaps the decision to forgo medication and endure pain to avoid side effects of prescribed medicines.

These damages witnesses will usually be cross-examined by the defense lawyers about their bias toward the injured party. However, if two (or better yet, three or four witnesses) provide testimony about the facts of damage, well then you have a chance to meet your burden of proof in a Greenville County jury trial.