Preventing the defense from mentioning or referring to irrelevant or unfairly prejudicial evidence narrows the disputed issues and avoids confusion.Ī motion in limine is the best method to exclude derogatory information that could bias or prejudice the jury at trial. But it can influence the jury by painting you in a negative light and shifting the jury’s attention from the truth that matters.įortunately the law of evidence recognizes that courts should keep out some facts. The derogatory information is often irrelevant and has nothing to do with your injury lawsuit. This approach is called the “kitchen sink” defense. Many insurance defense attorneys argue every possible defense with the hope that one of the defenses sticks. The insurer will search for every negative piece of information against you and try to use that information to blame you for the car crash or explain why you do not deserve the money damages you seek. These motions allow you to control the evidence and arguments the jury hears when deciding your case.įew things are certain in personal injury litigation.īut there is one thing you can count on. This article discusses motions in limine, focusing on how they can help you with your tort claim (personal injury or workers compensation ). Most plaintiffs and defendants file motions in limine soon after the court schedules a trial.Īnd what impact do the court’s decisions to grant or deny these motions i n limine have on recovering money damages? How to Use Motions in Limine to Exclude Prejudicial Evidence and Introduce Helpful Facts in Personal Injury Cases Motions in Limine: The Plaintiff’s Guide to Using Preliminary Evidence Rulings to Win the Trial
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