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Category: Damages

UNDERSTANDING THE REALITY OF SUFFERING FROM INJURY

UNDERSTANDING THE REALITY OF SUFFERING FROM INJURY

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Both temporary and permanent injuries usually result in suffering. Lawyers who represent clients with injuries need to try to understand, as much as possible, the consequences of suffering clients endure. Here are some factors to consider in that regard. Past suffering impacts our future life enjoyment  Everyone is the product of their past experiences. Past experiences which involve injury and medical treatment can influence not just our present life, but carry over into our future as well.  Past experiences can…

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“DON’T TRY TO DESCRIBE A KISS CONCERT IF YOU’VE NEVER SEEN IT”  

“DON’T TRY TO DESCRIBE A KISS CONCERT IF YOU’VE NEVER SEEN IT”  

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 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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CREATING THE RIGHT PERSPECTIVE OF INJURY TO A CHILD

CREATING THE RIGHT PERSPECTIVE OF INJURY TO A CHILD

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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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