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…
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…
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….