In fact, in one deposition I gave for a case, I spent the better part of three hours being grilled over whether I could tell if the injuries to the pilot were inflicted peri-mortem or post-mortem. The defense was trying to argue that the pilot was already dead or close to it when all of the evidence (presented by two pathologists and myself) said he was as alive as you or I at the time of impact. This is one reason why I have come to despise most liability and personal injury attorneys.
Most judges honestly put their foot down on crap like that. The public only hears about the few times you get a judge with his or her head up their ass. Usually those are quickly reversed on appeal.Even in an over-gross situation as you described, a good lawyer can spin a jury in the plaintiff's favor.