DAVID BALL NEW BOOK DAMAGES 3
OPENING OUTLINE
“We are suing (name) for three reasons. The first reason is…”
D. WHY THE DEFENSES ARE NOT VALID
E. CAUSATION AND DAMAGES
(1) Introduction: Explain why you are talking about this: “The verdict form asks how much money you will allow for your verdict.” (P. 149)
(2) Mechanism of harm: Step by step clinically explain how negligence caused harm
(4) Undermine defense of causation & damages “We had to determine that the problems were due to the collision & not something else”
(a ) Explain what was done to determine the real truth
(b) Explain what the result was
(4) Treatment: Fixes and helps – what client has gone through
(5) What cannot be fixed or helped
G. WHAT THE JURY CAN DO ABOUT IT
“We will show you what caused ….harms and loses and how much money it will take to fix, help and make for them. By the end of the trial, you will see why the evidence makes this the kind of case in which I will have to come back later and ask for an amount that sounds like a lot of money right now, but which you will later realize is right fair and proper. That amount will be $______________. Thank You