Lykins Talks About Personal Injury Lawsuits
The Center for Excellence in Advocacy hosted Dan Lykins, Class of 1972, on Wednesday, September 21, 2005. Lykins spoke about what a trial lawyer faces when going to trial. He addressed two main aspects of personal injury cases: choosing a jury and winning a case. Lykins stressed that he has thirty minutes of voir dire to determine a potential juror's bias. He must also address the jury's concerns that there are too many lawsuits being filed. Actually, in Kansas only 95 lawsuits involving personal injury or death were litigated during 2004. That is less than one lawsuit for each of the 105 Kansas counties. Additionally, Lykins states it is important to differentiate his case from frivolous lawsuits. And, while he cannot tell the jury pool that the defendant has insurance, he can ask the potential jurors if they have insurance.
Following jury selection, it is important to remember that the goal of a civil case is money. Therefore, in presenting the case Lykins does not want to spend too much time on liability, but rather on damages. Lykins stressed letting the jury know that the money will fix something; otherwise, the jury might think a large award will be like winning the lottery. Therefore, he must show the jury how the victim has been harmed. He may go to his client's house in order to better understand how his client's life has changed. Additionally, it is important to have relatives and friends of the victim testify as to how life has changed for the victim. This is better than relying heavily on the victim's testimony.
It is also important to show that the defendant had a choice in his actions. In addition, there is a need to specify that the defendant did not have to intend to hurt the victim. If there was intent the defendant would be a criminal case; intent is not required in civil cases.
Another important aspect of the trial is how Lykins, as the attorney, speaks to the jury. It is essential not to use legalese. Lykins recommends speaking like you would to your next door neighbor. Also, certain words and phrases should never be spoken in trial. For instance, accident implies that no one is at fault; instead, an attorney should say collision. Pain and suffering is also a term to be avoided.
In addition to trial work, Lykins spoke about what to do in law school. He suggested networking as often as possible. To get good grades and pass the bar, Lykins suggested reading pattern jury instructions because they are a state specific synopsis of the law.
Article contributed by Jenoise Callahan.
