Advice for Lawyers Malorie Peacock 鈥?Proven Techniques for Proving Damages
In this Table Talk episode of Trial Lawyer Nation cheap nike air max 97 , Michael Cowen sits down with Cowen | Rodriguez | Peacock partner, Malorie Peacock, to answer the questions of our listeners. This show focuses on how to prove your client鈥檚 harms and losses at trial.
The first listener question is regarding the idea of whether 3X the medical bills is typically what you use to determine damages or does that only apply in certain cases? Michael recalls being taught the 3X 鈥渞ule of thumb鈥?back when he was first starting as a trial lawyer, but since then, no longer does for several reasons. First and foremost, times have changed along with insurance company practices.
If an insurance company or defense attorney does start to talk to you about 3X medical bills, it鈥檚 likely because your case is worth a lot more than that. Instead, Michael focuses on what a jury might do when they look at each element of damage (pain, mental anguish, impairment, or whatever the measure of damage is in a particular state) individually and determine what they feel compelled to put in each blank. That, paired with what Michael calls 鈥減iss off factors鈥?based on things the defense might do to compel a juror to give full justice for, becomes a number he鈥檇 like to keep as high as possible.
Of course, he also takes into account whether his client is for some reason not likable or the defense is super likable, which can also affect the jury鈥檚 motivation in an adverse way for his case. Malorie also brings up another important note on the effects of jurors taking into consideration the percentage of fault even though they are instructed not to do so. To which Michael elaborates a little more on how to potentially work the messaging of that to the jury.
The next question by our listeners is how do you work up damages, especially in a smaller case that doesn鈥檛 warrant bringing in experts or producing lots of exhibits? Michael starts to answer this question by clarifying that experts generally do not help work up damages, but rather help to prove calculations on future medical expenses or a vocational loss.
Having said that, with regard to the human and non-economic damages, he believes people who come in and talk about your client, how they were before, what they went through, and what they are like now can have the biggest impact. This also doesn鈥檛 cost any money toward the case. It does, however, take a lot of time in order to visit with these people to talk through what they know of the client before, during, and after, as well as collect photos or videos showing the client in a different state prior to suffering damages, etc.
Michael discusses how this approach, even by taking the time to meet with people and learning your client鈥檚 story better, will make you more authentic in the courtroom which can have a profound impact on your case. Malorie sums this point up reminding us that all of our clients are more than just their injuries.
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In this popular trial lawyer podcast, Michael Cowen and his guests explore critical topics distinctive to the legal profession - specifically focusing on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
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