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Category: Argument

SOME IDEAS ABOUT RESPONDING TO DEFENSE: “IT NEVER HAPPENED BEFORE”

SOME IDEAS ABOUT RESPONDING TO DEFENSE: “IT NEVER HAPPENED BEFORE”

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…

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ARGUING DAMAGES – SOME CONCEPTS TO CONSIDER

ARGUING DAMAGES – SOME CONCEPTS TO CONSIDER

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…

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MISCELLANOUS ARGUMENT CAPSULES

MISCELLANOUS ARGUMENT CAPSULES

I’m reviewing my notes about argument and decided I’d share some. These are just summaries and a mixture of concepts in raw form. You would need to expand and improve each of them, but maybe there are some ideas here that might be helpful to you. When this courthouse was planned they didn’t just pull a number out of the air for the cost of construction. Instead they calculated each of the items that go into the construction and added…

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