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  • Confronting Pain Suffering Arguments - First Court
    It is important to start this week’s discussion noting that while Tyson offers strategies to defeat plaintiff’s pain and suffering, he also recognizes that “Injured people should be compensated They should receive fair and reasonable compensation from the party who caused them harm ” 1 In the adversarial legal system, who defines “reasonable?”
  • Avoid juror judgment: Keep the plaintiff out of the courtroom
    Jurors may picture the effects of an injury or disease on a plaintiff as worse than the plaintiff presents at trial In asbestos cases where plaintiffs have mesothelioma, usually a terminal illness, some plaintiffs may be bedridden at trial; in contrast, others may look “normal ”
  • Opening statement and the invisible injury
    All injuries are invisible to jurors who don’t care As attorneys, we become upset when jurors ignore the evidence and our arguments and turn the plaintiff away with less than he deserves
  • Proving injuries and damages in trial - advocatemagazine. com
    Alcohol, drugs, speeding, attorney-referred doctors, treatment on a lien, prior injuries, subsequent injuries, language barrier, inconsistent medical records, and unavailable witnesses are examples of things that must be discussed in voir dire and explained in your opening statement
  • Techniques for arguing damages to a jury - Plaintiff Magazine
    Published year-end summaries of the largest verdicts in the nation demonstrate that jurors often award large verdicts in aggravated cases of liability Learn from these cases and tie your client’s claim for damages to how the jury feels about the defendant’s liability
  • Of course, sometimes it is really hard to make the plaintiff whole . . .
    An injury is disfiguring if it alters for the worse plaintiff’s natural appearance, and a disfigurement is significant if a reasonable person viewing plaintiff’s face in its altered state would regard the condition as unattractive, objectionable, or as the subject of pity or scorn McKinney’s Insurance Law § 671, subd 4, 673, subd 1
  • 10 Common Mistakes Defense Attorneys Make With Their Damages Strategies
    In this blog, I want to break through those barriers and highlight the big mistakes we see defense attorneys make when presenting their damages strategy at trial Each of these are factors that only fuel jurors’ motivation to deliver a nuclear verdict 1 The arbitrary, lowball anchor
  • The Supreme Court Holds That A Statutory Violation, Without Actual . . .
    Defenders of Wildlife, that a plaintiff must have suffered an injury-in-fact that is both “concrete and particularized” and “actual or imminent” — i e , abstract or speculative harm will not suffice
  • Case Strategy for the Civil Defendant: The Effects of Injury Severity . . .
    The present research attempted to find the best case strategy for a civil defense attorney to take when the plaintiff was mildly injured and when the plaintiff was severely injured The study employed eight possible scenarios by varying two variables: the plaintiff's injury severity (mild or severe) and the defendant's damages rebuttal amount
  • Common Defenses Used in Personal Injury Cases and How to Counter Them
    One of the most common defenses in personal injury cases is contributory negligence In states that follow this legal doctrine, if the injured party (plaintiff) is found to be even partially at fault for the accident, they may be barred from recovering any damages
  • Did the Plaintiff’s Attorney make an Improper Argument on Punitive . . .
    In a personal injury case, a jury found for a plaintiff and awarded him compensatory and punitive damages in his action against a tree clearing company He was injured as a resulted of the company’s tree-cutting operations in the median of Interstate 85 A tree fell across both northbound lanes and struck the plaintiff’s vehicle The trial
  • What Makes a Good Plaintiff in a Personal Injury Lawsuit?
    We are often asked about the most important factors when trying to obtain a large verdict in a personal injury lawsuit The facts of the case itself is critical but being a good Plaintiff is also key Here’s what makes for an effective Plaintiff
  • Supreme Court Clarifies Injury-in-Fact Requirements for Intangible Harms
    To establish the “irreducible constitutional minimum” of standing, the “plaintiff must [1] have suffered or be imminently threatened with a concrete and particularized ‘injury in fact’ that is [2] fairly traceable to the challenged action of the defendant and [3] likely to be redressed by a favorable judicial decision ”
  • On the Civil SideFault Lines: Understanding Negligence Doctrines - On . . .
    A plaintiff injured as a result of defendant’s gross negligence can recover from the defendant even if the plaintiff may have been contributorily negligent in the accident
  • Don’t let prejudicial bad facts ruin your good case - Plaintiff Magazine
    People are complex and imperfect, and it should surprise no one that so too are people injured, assaulted, or killed Having embarrassing, painful, or tragic events in their past should not affect plaintiffs’ recovery in a civil action





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