ARGUING THE REASON FOR A VERDICT OF DAMAGES
The question of how to argue the concept of damages is an important issue. The jury must understand the basis of a dollar verdict in addition to suggesting a dollar figure. Jurors tend to want to pay the bills and not provide any other money. We have to explain why that is not doing justice. Here’s a brief idea of one way of approaching the problem, based in part on David Ball’s concepts: 1. YOU EVALUATE HARM BY THREE FACTORS: (1) HOW BAD IS IT?…