VOIR DIRE CONSIDERATIONS IN TRAUMATIC BRAIN INJURY CASES

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VOIR DIRE CONSIDERATIONS IN TRAUMATIC BRAIN
INJURY CASES

• Theodore G. Karavidas, Esq.
• Karavidas Argionis Law Offices, LLP
• 180 North LaSalle Street, Suite 2105
• Chicago, IL 60601
• 312-782-4545
• tkaravidas_at_karavidaslaw.com
• www.karavidaslaw.com
• www.illinoisbraininjury.com

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GOALS OF VOIR DIRE

• Deselect
• Deselect those who have negative or inflexible
  attitudes or perceptions.
• Educate
• Educate those who are open-minded and want to
  hear the evidence and decide fairly.
• Endear
• Endear the jurors to you and your client by being
  polite, sincere, and honest.
• Elicit information without embarrassing anyone.

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QUALITIES OF A DESIREABLE JUROR

• Compassion
• Educability
• Cooperativeness
• Independent Reasonableness

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COMPASSION

• Family Involvement
• Charitable Nature
• Pets
• Donations

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EDUCABILITY

• Look for jurors who are
• Educable
• Open-Minded
• Willing to be Educated
• Our goal is to find out which jurors have an
  understanding of TBI issues or are capable and
  willing to accept them
• Jurors who do not understand significance and
  details of a TBI will not return an adequate
  verdict for the plaintiff

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COOPERATIVENESS/INDEPENDENT REASONABLENESS

• Identify jurors who can work with others to
  achieve a goal, reach a consensus
• Identify potential forepersons
• Identify those persons who will make independent
  decisions while remaining open to the input of
  others
• Identify loners and contrarians who will have
  difficulty working with others.

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GOOD JURORS

• Those who understand importance of unimpaired
  brain function
• Well-Educated
• Executive Positions
• Decision-Makers
• Problem-Solvers
• Multi-Taskers
• Required to be Precise
• Those who understand importance of new learning
  capability
• Educators
• Trainers
• Problem-Solvers

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LESS DESIREABLE JURORS

• Bad Jurors
• Those with diminished mental capacities
• Elderly
• Difficulty with Attention/Concentration
• Without Significant Executive Function or
  Problem-Solving Demands

• Questionable Jurors
• Those with family members afflicted with
  Alzheimers
• PRO Understand effects of diminished mental
  capacity
• CON Possible reduced empathy
• CON If plaintiff is elderly, defense will argue
  that changes are age-related

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BRAIN INJURY EXPERIENCE

• Identify those jurors who have some knowledge or
  personal experience regarding TBI and its
  consequences
• Identify those jurors who have knowledge
  regarding the effects of diminished cognitive
  abilities due to Alzheimers

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BRAIN INJURY PERCEPTIONS

• Identify experience, training in medicine,
  psychology, rehabilitation or counseling
• Identify misperceptions about the causes,
  manifestations or consequences of TBI
• Educate jurors about the causes, manifestations,
  and consequences of TBI