Plaintiff Trial Lawyer Tips

 The title of this column is from lyrics written by the singer & song writer Jimmy Buffett in his song Manana. Why am I quoting it here? Because it captures a great truth plaintiff trial lawyers must learn. That truth is until we fully understand our client’s injuries and their impact we are not prepared to represent them as they deserve. We need to have empathy with our client’s situation. What’s the best way to do this? Meet with and…

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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…

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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:…

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