How is an Opening Statement Used in Personal Injury Law?

Opening statements are used in personal injury law to help each side describe what the jury can expect, give a preview of the evidence that will be presented, and state the side’s position based on the evidence and the claim. Opening statements are only used in trial, and they are meant to prepare the jury for the different evidence that will be seen and explain what is expected of them by the end of the trial.

Famous Cases an Opening Statement Was Used

The United States v. McVeigh

The opening statements in the Oklahoma City Bombing trial of Timothy McVeigh set a somber and emotional tone for the entire trial. Prosecutor Joseph Hartzler painted a picture of the morning a mother went through getting ready on the day her young passed in the explosion and went on to describe the events of the bombing, Timothy McVeigh’s past, and the steps he took to carry out the bombing.

Defense attorney, Steven Jones, told the jury that he would prove his client innocent of the crimes outlined by the prosecution, listed the names of all the victims, and described the Oklahoma City bombing as being the Pearl Harbor of his generation. He went on to reference the prosecution’s opening statement and tell the jury that the fast investigation showed that the pieces of evidence were not coming together for the FBI and other investigative teams, and that McVeigh’s political beliefs do not necessarily make him guilty. In the end, McVeigh was sentenced to death in 1997, and was executed in 2001.

Depp v. Heard

One of the most famous opening statements comes from the defamation case between Johnny Depp and Amber Heard. Heard’s lawyer, Elaine Bredehoft, described what the jury was going to hear throughout the trial, and held up a makeup compact, explaining that Heard would take the stand and show how she used a makeup compact to cover signs of alleged abuse from Johnny Depp between 2012 and 2016. However, the makeup company released a statement, stating that that makeup palette was released in 2017. The situation went viral and internet sleuths, legal commentators, and social media influencers started picking the case apart.

When are Opening Statements Used in the Legal Process?

Opening statements are only used at the beginning of a trial. They are not used if a personal injury case settles out of court or if a plea deal is made in a criminal trial.

Is an Opening Statement Used in Kentucky Personal Injury Law?

When a personal injury case goes to trial, opening statements are used to help show the jury what to expect from each side throughout the course of the trial.

Is an Opening Statement Used in Tennessee Personal Injury Law?

Yes, but only when the personal injury case goes to trial.

How Does Hughes & Coleman Injury Lawyers Use Opening Statements?

The experienced personal injury lawyers at Hughes & Coleman will always do their best to settle your personal injury claim out of court, to help you avoid a potentially lengthy or expensive trial. However, if the defendant in your case refuses to offer you what we think you deserve, we will go to trial if necessary. While preparing for trial, your injury attorney will work on opening statements that paint a picture of what happened the day of your, the negligence of the defendant, and how that negligence led to losses you incurred.

Frequently Asked Questions About Opening Statements

Opening statements are an attorney’s chance to paint a picture for the jury of how the events in the case took place, how the investigation progressed, and how conclusions were drawn based on the evidence. When the jury has an understanding of what they will see and how it applies to the case, they can better understand the evidence when it is presented.

In personal injury cases, the plaintiff’s legal team begins opening statements. In a criminal case, the prosecution’s legal team begins opening statements.

There is rarely a set time limit on opening statements in civil and criminal cases. However, a judge can set a time limit on opening statements, but it is rare that it happens. In many cases, attorneys use their best discretion to determine how long an opening statement is.

The attorneys for the plaintiff and defendant in the case will give the opening statement. In some cases, multiple attorneys from the same side can give different opening statements.

Should a plaintiff or defendant have multiple attorneys, the attorney who delivers the opening statement is determined by the legal team and can be based on the makeup of the jury, the topic of the opening statement, and/or the sentiment of the case type.