1. Dealing With Negative/Deflationary Evidence That Dimisses Damages Pre-existing Disease/Condition that Possibly Shortens Life Expectancy Old Age and Short Life Expectancy Past/Present Drug Use Past/Present History of Alcohol Abuse Criminal History M.I.S.T. Defense: No Significant PD Not Getting IMMEDIATE Professional Medical Attention Large “GAPS IN TREATMENT” Not accurately describing the mechanism of injury(s) Not reporting all the injuries Not Complying With Treating Doctors Orders
2. Motions In Limine Exclude Negative Evidence Limit Negative Evidence
3. Experts to Explain/Enhance Monetary Loss & Economic Value of Services Forensic Economists Forensic Pathologist Pain Specialists Life Care Planner (LCP) Physics Professors
4. Trial. Arbitration, Mediation Voir Dire Opening Statement Cross Examination Direct Examination Experts Jury Instructions & Verdict Form Closing Argument Rebuttal Argument
5. Asking For Limited Instructions Re Negative Evidence
6. Bifurcation Of Trial Into Different Phases To Limit Negative Evidence
7. Using “Blue Ribbon Arbitration Panel and ENE’s (Early Neutral Evaluations) B. Motions In Limine Re Damages Negligence Per se – “The Dolson Jury Charge” Exclude/Limit Negative Evidence Criminal History Drugs Alcohol Gangs Tattoos No Injury To Others Comparative Negligence Bifurcation Special Instructions Experts – 702 (Daubert Analysis)
C. Jury Instructions About Causation and Damages Importance Of Instructions MCJC or Model Civil Jury Charges Special Instructions Consortium Causation – “a” cause NOT “the” cause Aggravation/Exaccerbation “Ante-Mortem” Damages Green v. Bitner Damages PAIN is not necessary to prove an injury in “permanent”
4. Introductory Instructions
5. Liability Instructions
6. Causation Instructions
7. Damage Instructions
8. Closing Instructions
D. Verdict Form Liability Questions