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Make Your Damages Big – Always Big

We just completed the Damages: Go Big or Go Home conference, or as it should be named – Damages: Go Big, Always Go Big. With a faculty of 17 heavy weights from the trial bar, one would expect the take-aways would be numerous and significant. And they were. We wanted to share them with you. So, here are the Top 10:

  1. To effectively tell your client’s story, you need to get to know your client. Really get to know them. Go to their house, spend a day with them and their families. Find out what their life was before and after the accident.
  2. Embrace emotions and try to find the fear and anger motivators in the case. Show the jury that their verdict can give hope to the client.
  3. Simplify your case for the jury. Let the other side try to convolute things and make it murky. No matter how complex the case may be, make it simple for your jury. And that can be done by just focusing on your client’s story.
  4. Use stories, analogies and metaphors to speak to the subconscious mind.
  5. Don’t get hung up on the specials. General damages is where the money is. Be sure to put on evidence of each element during your case in chief (pain, mental suffering, loss of enjoyment of life, etc.) and then define it and tie it together in your closing.
  6. Learn as much as you can about the neuroscience from scientific articles about jury decision making and leader identification. It will help you talk to those jurors who will fight for you case in the deliberation room.
  7. Learn and use the structure that movie makers employ. They tell a good story, so can you.
  8. Using really well conceived and executed settlement videos (documentaries) can often tell your client’s story better than anything.
  9. Visual evidence, visual evidence, visual evidence – it is a must in all aspects of presenting the case.
  10. A revived commitment and passion for being a trial lawyer. That sentiment was expressed through out the program and in follow up emails.

 

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