Personal Injury Opening Statements and Closing Arguments: Preparing and Delivering, Handling Objections and Related Motions

Opening statements and closing arguments influence jurors' perceptions of the theories, facts, and evidence in personal injury litigation. A superbly prepared and delivered opening statement and closing argument can lead to a successful outcome, while a catastrophic opening or closing may doom a case.

According to published reports, a significant majority of jurors make up their minds during opening statements for a case. Opening statements are most influential when personal injury counsel employs creative storytelling techniques and appropriate visual or technological aids, introduces controversial or disputed topics before the opposing side has the opportunity to do so, and avoids the common mistakes of argument, exaggeration, and misrepresentation.

Closing argument is the personal injury litigator's final opportunity to convince jurors to rule in their client's favor. Closing statements should be memorable, as with Johnny Cochran's infamous line, "If it doesn't fit, you must acquit," persuasive, display passion and confidence, and involve demonstrative visual aids.

Personal injury attorneys must be strategic and thoughtful about the organization and timing of opening statements and closing arguments. Plaintiff counsel must be well versed in how to make and respond to objections during opening and closing and how to properly bring or challenge motions related to conduct or assertions during opening statements and closing arguments.

Listen as our authoritative panel of personal injury attorneys discusses proven techniques for preparing and delivering opening statements and closing arguments and related issues.