Tom Vesper
TLU Live NYC (Replay) - Maximizing Your Client’s Damages In Wrongful Death And Personal Injury Cases
December 29, 2023 6:30 PM||TLU n Demand
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
