Plaintiff Trial Lawyer Tips

LOSS OF CONSORTIUM CLAIM WPI 32.04 Measure of Damages—Loss of Consortium—Spouse/State Registered Domestic Partner Loss [to the plaintiff husband] [to the plaintiff wife] [to the plaintiff state registered domestic partner] of the consortium of [his] [her] [wife] [husband] [state registered domestic partner].The term “consortium” means the fellowship of [spouses] [husband and wife] [state registered domestic partners] and the right of [one spouse] [one domestic partner] to the company, cooperation, and aid of the other in the [matrimonial] [domestic partnership] relationship….

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Trial lawyers represent people who have lost a loved one as a result of some negligent act. While they are familiar with the analysis and preparation of the liability case, the damage case may be a challenge for them. In order to present the damage consequence of a wrongful death case, the lawyer needs to understand what the client is going through. Psychodrama is a helpful way to do this when properly conducted. Here is a brief outline of some…

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Death cases are the more difficult and challenging cases we handle as plaintiff lawyers. Child death cases are particularly difficult in communicating reasons for substantial damages. There is unlikely to be economic losses of substance and there is a lack of a concrete measure of damages for the jury. Here is a memo of some ideas about these cases which might prove helpful. DEALING WITH THE NEGATIVE ATTITUDES . Most jurors have negative attitudes about a parent suing for the…

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