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Proving Damages to the Jury

Built on a solid foundation of current scientific research and more than 30 years of in-the-trenches trial experience, this 800-page masterwork will help you understand juror biases and motivations, develop persuasive evidence of damages, and talk to jurors in a way that triggers the jurors' natural desire to do what is right and significant by awarding damages to your client.
Publisher: James Publishing

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ISBN: 9781945421914
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With this new edition of Proving Damages to the Jury, we are pleased to welcome a co-author: Laura Brown, a partner in Williams & Brown. Together, author Jim Wren and Ms. Brown and have updated the book with new and expanded coverage of a broad range of substantive topics and practical advice, including:

Client Interview and Investigation

  • Topics to review with your client at your initial meeting, in personal injury and wrongful
    death cases.
  • In a wrongful death case, how and when to approach family or close friends with a request
    for photos/videos of the deceased.

Valuations and Damage Models

  • Updated tables for all five steps for computing lost earnings and earning capacity in a per-
    sonal injury or wrongful death case.

Damage Experts and Daubert/Frye Issues

  • Discoverability of experts’ “draft reports,” notes, outlines, memoranda and emails.
  • The analysis applicable to opinions based on technical and other specialized knowledge may differ even among jurisdictions that adhere to Daubert, depending on whether the jurisdiction also has adopted Kumho.

Working With Damage Experts

  • How and why to research an expert’s testifying history.
  • Tips for how best to provide records to your life care planner expert.
  • Challenges of qualifying an expert to express an opinion on life-expectancy.

Developing Your Visual Strategy

  • Putting the visual story together, so that each phase of your damages story is represented.
  • When and how to make the most effective use of PowerPoint presentations.
  • Practical tips for using foam boards, notepad flip charts, and animations or interactive visuals.
  • How spending time with your client’s family members, friends and caregivers can help you develop the anecdotal story of your case and the visuals to support that story.
  • The importance of choosing the right color scheme for your visuals.

Confronting Difficult Fact Issues, including:

  • Pre-existing conditions.
  • Loss of consortium.
  • Vicarious liability.

Scientific Proof of Brain Injury

  • Use of Double-Pulsed-Field Gradient MRI (dPFG MRI).
  • Recent cases upholding the admissibility of Diffusion Tensor Imaging (DTI) findings and testimony as reliable.

And More!

Table of Contents

Part 1: How to Create the Story for Damages
Chapter 1: Why Jurors Assess Big Damages
Chapter 2: Credibility Is Vital for Maximizing Damages
Chapter 3: How to Frame the Damages Story
Chapter 4: Delving Into the Story
Part 2: How to Build the Right Damage Model
Chapter 5: Client Interview and Investigation
Chapter 6: Valuations and Damage Models
Chapter 7: Damage Experts and Daubert/Frye Issues
Chapter 8: Working With Damages Experts
Chapter 9: Valuation of Intangible Damages
Part 3: How to Prepare the Damage Case for Trial
Chapter 10: Discovery Tactics to Maximize Damages
Chapter 11: Developing Your Visual Strategy
Chapter 12: Testing Damages Before Trial
Part 4: How to Prove Damages in Trial
Chapter 13: Group Formation with the Jury
Chapter 14: Voir Dire
Chapter 15: Opening Statement
Chapter 16: Direct Examination
Chapter 17: Cross Examination
Part 5: How to Handle Unique Issues in Damage Cases
Chapter 18: Closing Argument
Chapter 19: Punitive Damages

Chapter 20: Confronting Difficult Fact Issues
Chapter 21: Scientific Proof of Brain Injury
Chapter 22: Economic Loss Rule
Chapter 23: Other Legal Battles on Damages
Table of Statutes
Table of Cases