Gair Gair Conason Managing Partner Ben B. Rubinowitz, together with trial attorney Evan Torgan, examines an important challenge facing attorneys representing elderly injury victims in a newly published New York Law Journal column, “The Last Chapter of Life: Part 2—Voir Dire as the Bridge to Summation.”
The article focuses on what the authors describe as the “age discount”, the tendency for jurors to consciously or unconsciously view the injuries and suffering of an older plaintiff as less significant because that person may have fewer years remaining.
Rubinowitz and Torgan argue that trial lawyers should not wait until closing arguments to address this potential bias. Instead, they explain that the issue should be confronted during voir dire, when attorneys have their first opportunity to uncover jurors’ assumptions and attitudes about age.
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