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Category: Damages

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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WHAT IS THE PURPOSE OF DAMAGES IN TORT CASES?

WHAT IS THE PURPOSE OF DAMAGES IN TORT CASES?

Sometimes it’s important to go back to basics and  remember we are not just involved in some high stakes game, but are representing people. People who are entitled to justice. “Money makes the world go around,the world go around, the world go around,Money makes the world go around, it makes the world go around” From the    musical    Cabaret “The best things in life are free, but you can keep them for the birds and bees Now give me the money,…

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Damage element outline

Damage element outline

I don’t know if you "blackboard" your damages for argument or not. I do. I like to break them down between past and future as well as by elements and assign a dollar value to each. I’m reproducing an outline from an Idaho case I tried. The case involved birth injuries to a child as well as parental claims. The first outline is that for the child using Idaho elements of damage that were the law when I tried the case. The second…

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