How the "Left of Bang" Analogy Can Illuminate Causation in Injury Cases

Allow me to squeeze one more litigation-related analogy from Patrick Van Horne and Jason A. Riley's Left of Bang. As we discussed in our previous post, Left of Bang: How the Marine Corps' Combat Hunter Program Can Save Your Life, introduces a proactive approach to threat detection and situational awareness. Developed from the Marine Corps’ Combat Hunter Program, the book teaches readers how to recognize subtle behavioral and environmental anomalies—warning signs that indicate danger before an attack or crisis occurs. The core philosophy is simple but powerful: the further left of bang you operate on a timeline, the better your chances of preventing disaster.

In the context of a personal injury lawsuit, the "bang" remains the injury-producing event – the car crash, the slip and fall, or any other incident that forms the basis of the case. Visualizing the timeline of events through the lens of "left" and "right" of bang can be particularly beneficial when assessing the causation of injuries and the necessity of medical treatment.

Consider this extension of the analogy: a plaintiff's medical treatment of pre-existing conditions may be seen as "left of bang" efforts in relation to the crash. This is akin to establishing a baseline of health and proactively addressing potential issues, with the goal being to maximize mobility and quality of life. This pre-crash care aims to manage existing conditions and maintain the plaintiff's overall well-being.

Conversely, the medical treatment necessitated by the crash, or to remedy injuries (whether new or aggravations of prior conditions), could be seen as "right of bang" remedial measures. This treatment is a direct response to the injury-producing event and focuses on addressing the harm caused. This phase involves interventions aimed at diagnosing, treating, and rehabilitating the injuries sustained in the "bang."

This visualization can be particularly helpful when discussing causation with a jury. By framing the plaintiff's pre-crash care as "left of bang," you can highlight that they were proactively managing their health. Then, by characterizing the post-crash treatment as "right of bang," you can emphasize that this care was a direct consequence of the injury-producing event. This distinction can aid the jury in understanding the direct impact of the defendant's actions on the plaintiff's need for medical intervention. The left and right of bang phases help jurors compartmentalize treatment as opposed to seeing one continuum of treatment spanning both phases.

A Hypothetical Case

Imagine a case involving Ms. Eleanor Vance, who had been managing osteoarthritis in her knee for several years prior to a car accident. She regularly attended physical therapy and took over-the-counter pain medication – her "left of bang" efforts to maintain her mobility and manage her condition. Then, she was involved in a rear-end collision (the "bang"). Following the accident, Ms. Vance experienced a significant increase in knee pain and stiffness, requiring more intensive physical therapy, prescription pain medication, and eventually, knee replacement surgery – her "right of bang" treatment.

In this scenario, the "Left of Bang" analogy helps illustrate that while Ms. Vance had a pre-existing condition, the "bang" (the car crash) directly led to the need for more extensive and invasive medical treatment.

Presenting the Analogy to the Jury

“Ladies and gentlemen of the jury, we've talked a lot about Ms. Vance's knee and the treatment she received after the car accident. I want you to think about something we call "Left of Bang." This concept, borrowed from a book describing the Marine’s training in proactive threat detection, helps us understand the timeline of events. Before the car crash – before the "bang" – Ms. Vance was actively managing her osteoarthritis. She was going to physical therapy, taking medication – these were her "left of bang" proactive efforts to stay healthy and mobile. Then, the defendant introduces the bang by slamming into her car. And what happened after that? Ms. Vance's knee condition significantly worsened, requiring more intense treatment, culminating in surgery. The left of the “bang” is the life Ms. Vance was entitled to, the right of the “bang” is what it took to overcome the damage caused by the defendant.”