Presenting Witness Testimony

Presenting Witness Testimony

     As trial approaches we, as trial lawyers, begin considering what witnesses we will present at trial.  Often times we spend too much time considering the information the witness can opine on without also considering other important factors such as the ability of the witness to communicate effectively.  It may be that multiple witnesses are […]

Preponderance of the Evidence

     This article was written primarily for my, Eric Roy, and my staff’s benefit.  Here we will discuss the importance of educating the jury as to the proper burden to apply when deciding a personal injury case.  As attorneys, we frequently forget that terms of art, which are commonsensical to us, are completely foreign to […]

Polarizing in Discovery

     If you, as plaintiff’s counsel, do a good job at proving liability by way of discovery tactics you will leave the Defense with only their tried and true malingering defense.  Essentially, the Defense will try to persuade the jurors that your client is a liar who is contriving false injury claims in an effort […]

Injury Trials: Opening Statements

     This brief article outlines some good tips to consider and use in plaintiff’s personal injury trials.  These tips primarily come from legendary trial consultant David Ball.  David Ball has written numerous books on plaintiff’s trial strategy.  He is probably the best personal injury trial consultant alive, and a hero of mine.  David Ball generally […]

Injury Trials: Non-Economic Damages

     We, as plaintiff’s lawyers, need to let our jurors understand that they can and should allow money for non-economic damages.  We also need to teach our jurors how to calculate these non-economic damages.  We begin educating our jurors on this point in opening argument where we tell jurors that there are these non-economic damages […]

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