Dealing with damages in death cases is challenging. There is often aN unspoken feeling on the part of jurors that money won’t bring a deceased back or there is something greedy about asking for money for a dead person. Trying to paint the picture of who the deceased was and reimbursing in money can be difficult. The following is more of an outline of ideas than an outline to question from. It is intended for a close family friend, not…
Since the adoption of remote trials and depositions there are improved techniques and ways of communicating virtually. Some of these include the following: 1. Ordinary witness preparation is insufficient. It now requires increased preparation involving basics such as background, camera distance and camera angle needed. Background screens are increasingly inexpensive and can be delivered to the witness. In addition, systems such as Zoom have built in backgrounds. 2. Communication should involve more exhibits and visuals. 3. Examinations should be shorter…
. . . There are a variety of ways to argue damages. Here is an example from a final argument I made in a child birth injury malpractice case in 1999. Joel Cunningham, my partner, and I tried the case together. The case involved brain injury to a child, Bryce Kirkland, delivered by C-section in Boise, Idaho. At the time of trial, the family lived in Montana. The cause was negligent delay in performing the C -section. It was undisputed…