Proving Damages to the Jury (Revision 2)

Success in presenting damages to the jury requires more than simply making a pitch for money in your opening statement or putting on a damages expert to give the jury a number. It requires intelligent planning, diligent preparation, and a keen understanding of juror biases and motivations. Proving Damages to the Jury is your roadmap to success.

With this third edition (Revision 2) of Proving Damages to the Jury, author Jim Wren builds upon his earlier work by providing keen insights into how jurors think about damages, supported by more than 50 new citations to judicial decisions and cutting-edge legal and scientific research. You receive new and expanded coverage of a broad range of topics, including:

• Tips for developing new language habits;
• Four questions to help you frame your damages story in a way that will engage jurors;
• The steps for computing lost earnings and earning capacity in a personal injury case;
• Two approaches to valuing intangible damages: (1) by analogy, and (2) emotionally;
• New and updated text on the law governing the Daubert / Frye dichotomy, the focus of Frye objections, and the scope of Daubert challenges;
• Research tools and references to expand your understanding of brain injuries;
• The economic loss rule, including an analysis of the question of privity and the application of the rule to contractual strangers;
• Plaintiff’s reduced life expectancy, in particular how the courts are dealing with annuity evidence; and
• The collateral source rule.