Some time ago I was asked by a lawyer, to help him prepare the damages in a malpractice child case. It involved a delivery where the child had a brachial plexus injury. His concern was presenting the damage case to the jury. This was my advice about how I generally consider damages in a personal injury case. I told him the first thing he should do is rid your mind or consideration of any other verdicts in similar cases involving…
In major damage cases involving minors or people whose injuries require a conservator or guardian, my practice was to have the appointment made at the time the lawsuit was commenced and to call the guardian as a witness at trial to explain their role. I wanted to be able to reassure the jury that any verdict awarded would be protected for the injured client’s benefit. Here’s a rough outline of the general points I try to cover on direct: Qualifications:…
Here are some thoughts about subjects relating to juries. I begin with some examples of themes or framing of issues from actual opening statements from my cases. The goal here is to use language which will convey meaning. Perhaps something here will stimulate your thinking about a case you have. School liability In this case a school physical education teacher allowed children to leave the gym and go on a run off of school property and return without supervision. A…