Here some random notes from my argument notebook which you might find helpful. In the case of the person with pre-existing injuries consider this argument. Suppose a farmer is on his way to market with a truckload of eggs valued at $.41 a dozen. The truck is hit by a careless driver and the eggs are broken. The law won’t allow the defendant driver to argue: “but if they were golf balls, none of them would have been damaged.” Suppose…
We are often met with the defense that the thing that injured our client had never injured anyone else. That assertion carries with it the inherent suggestion that not only was the defendant no negligent, there had to be contributory negligence as well. The defense raises issues of foreseeability, causation, and contributory negligence. I don’t have a silver bullet response, but here are few thoughts to consider in dealing with this defense. August 15, 1992 Two Australian tourists were killed while…
The objective of a personal injury lawsuit for damages is primarily the damages. Yet, in my experience, this often is the most difficult part of summation for attorneys. How do you ask for the money I am often asked? We know that there is not one answer to this question and that it all depends upon the advocate as well as the facts of the case. Here is a simple outline of a general approach, but the important fact is the credibility of…