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Category: Damages

GUARDIANS & COST OF CARE EXPERTS IN PERSONAL INJURY CASES

GUARDIANS & COST OF CARE EXPERTS IN PERSONAL INJURY CASES

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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REPRESENTING CLIENTS WITH INJURY TO VISION

REPRESENTING CLIENTS WITH INJURY TO VISION

Recently a trial lawyer friend asked me for ideas  about handling a case involving a client who had negligently been deprived of sight in one eye and resulting limited vision in the other eye. While one would assume that the damages are obvious, my experience in running focus studies regarding cases like this, was the surprising result that many people didn’t regard visual injury and even blindness  as a significant injury. Many people believe that with adaptive devices and other…

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MY APPROACH TO DAMAGES

MY APPROACH TO DAMAGES

Everyone has their  own idea about how to prepare for damages in our cases and how to conceive of damage arguments. Here’s my general viewpoint of  how I approach damages generally. ELIMINATE LIMITING FEARS  The first step is to think about the case without any limiting fears or conditions. Rid your mind and your thinking about other limiting damage verdicts or outcomes in other cases. Those case outcomes were determined by the lawyers, the facts and the clients in those…

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