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Category: Damages

JURORS AND DAMAGE APPRAISALS

JURORS AND DAMAGE APPRAISALS

One of the better blogs relating to trial issues is The Persuasive Litigator: http://www.persuasivelitigator.com/  Dr. Ken Broda-Bahm recently wrote about jurors and their calculations regarding civil damages in this blog. He notes that a  recent study demonstrated that people on the jury generally move from a story, to a general sense of damages and then to a specific number. It has already been rather well established that offering a number, acting as a psychological anchor, plays an important role in their arriving…

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THE STRUGGLE OF BEING A CAREGIVER

THE STRUGGLE OF BEING A CAREGIVER

Many of us have represented the parents of a brain injured or disabled child, a person whose spouse is paralyzed or a loved one with disabling injuries. While we have a certain medical knowledge about the consequences of the injuries to the injured person injuries are not confined to just the person who was injured. They also involve everyone connected to the circle around the injured person. That includes caregivers as well as the injured person and other uninjured family members….

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ARGUING DAMAGES

ARGUING DAMAGES

I’ve published a basic outline  for  argument  before, but, as  to damages, how do we evaluate what is full money justice in such cases? It can only be done by balancing the extent of the harm done against  a dollar  amount  which equals that harm. The verdict  should be a  perfectly balanced scale with money on one side  and the harm on the  other. When the scale between these two essential parts of a tort trial is perfectly balanced there…

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