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
- In a wrongful death case, how and when to approach family or close friends with a request
for photos/videos of the deceased.
- Updated tables for all five steps for computing lost earnings and earning capacity in a per-
sonal injury or wrongful death case.
- 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.
- 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.
- 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.
- Pre-existing conditions.
- Loss of consortium.
- Vicarious liability.
- Use of Double-Pulsed-Field Gradient MRI (dPFG MRI).
- Recent cases upholding the admissibility of Diffusion Tensor Imaging (DTI) findings and testimony as reliable.
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About the Author
Jim Wren is a trial lawyer with more than 30 years of trial experience. He is also a Baylor law professor. He is nationally board certified in Civil Trial Advocacy by the National Board of Trial Advocacy, and by the State of Texas in both Personal Injury Trial Law and Civil Trial Law. He was named a Texas Super Lawyer each year from the origination of the designation in 2003 through 2007 when he was recruited to the Baylor Law School faculty as a professor to teach trial procedure and advocacy. Although he now teaches on a full-time basis, he continues to represent a limited number of clients in courts across the nation. Jim has served as a board member of the National Board of Trial Advocacy and of the Texas Trial Lawyers Association. He has also served as national president of the National Board of Legal Specialty Certification (2009-2011) and as chapter president of the American Board of Trial Advocates (ABOTA). Jim graduated with a J.D. cum laude from Baylor Law School in 1980, and subsequently added an M.A. in International Relations from the University of Kent at Canterbury. He is also a graduate of Trial Lawyers College in Dubois, Wyoming.
Table of ContentsPart 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