In a personal injury case, you can use
a motion in limine
to exclude some evidence from the jury. A
motion in limine
can help you exclude evidence that is
prejudicial or irrelevant to the case. Below are some forms of
evidence you may exclude with motions in limine.
Cumulative Expert Testimony
Both plaintiffs and defendants can use
expert witnesses to give expert opinions or breakdown technical
issues for the court. A problem arises, however, if the other side
uses too many experts to explain the same point. Legal experts refer
to such testimony as cumulative expert testimony.
For example, the defense might use
multiple experts to bias, shock, or mislead the jury. In such a case,
you can file a motion in limine
to exclude further expert
testimony from the defense. The court may agree with you if it finds
that the expert witnesses who have testified have already addressed
the issue fully and appropriately.
Expert Witness Testimony
Not everyone who calls themselves a
professional or expert can provide expert testimony. States have
strict rules on who can be an expert witness. For example, an expert
witness should have the skills and experience relevant to the subject
at hand. For example, a practicing dentist can be an expert witness
on dental injuries.
Sometimes, however, a defendant might
enlist the help of someone who doesn't qualify as an expert in their
field. Maybe the person is eloquent, charming, or persuasive, and the
defense wants to use such attributes in the trial. In such a case,
you can file a motion in limine
to exclude the expert witness.
Claims of Comparative Negligence
Personal injury defendants like to
argue that the plaintiff somehow contributed to their injuries. For
example, in an auto accident case, the defendant might argue that a
phone call distracted the victim and contributed to the accident.
The problem is that some defendants
like to raise the issue of comparative negligence even if it's clear
that the plaintiff didn't contribute to the accident in any way. In
such a case, you can use a motion in limine
to exclude claims
of your negligence. If the court concurs, then the defendant has to
show evidence of your negligence before they make such a claim in
court.
Make and Model of Automobile
Some automobiles have a reputation for
speed, risk, or grisly accidents. Such negative reputations might
prejudice the jury and affect their opinion during liability
deliberations.
Consider a case where you are involved
in an accident with a racecar known for its fast acceleration. The
public might assume that you caused the accident by speeding even if
they have facts to the contrary.
In such a case, a motion in limine
might allow you to exclude the make and model of your car during the
trial. For the court to agree to your motion, you must prove that the
make and model of the car didn't contribute to the accident.
Exclude Other Defendants
In some cases, you may file an accident
claim against multiple defendants only for the court to absolve some
of them of liability. If that happens, the remaining defendant or
defendants might claim that you are on a wild goose chase and that
they are not liable for your injuries, just like the other
defendants.
You can use a motion in limine
to
exclude any mention of the other defendants in your case. Otherwise,
the mention of the defendants that the court absolved of blame might
prejudice your case.
An experienced and caring lawyer can
help you process your injury claim even if it requires litigation.
Law Offices of Robert Dodson, P.A., is dedicated to helping injury
victims receive the compensation they require. Contact
us
for a free consultation so that we can evaluate your case and
determine the best way to proceed.
