123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Advice For Lawyers Malorie Peacock – Proven Techniques For Proving Damages

Profile Picture
By Author: Michael Cowen
Total Articles: 11
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Advice for Lawyers Malorie Peacock – Proven Techniques for Proving Damages

In this Table Talk episode of Trial Lawyer Nation, 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’s 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 “rule of thumb” 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’s 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 “piss off factors” based on things the defense might do to compel a juror to give full justice for, becomes a number he’d 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’s 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’t 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’t 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’s 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.

Read the complete article: https://triallawyernation.com/episode/31-malorie-peacock/

More About the Author

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.

Total Views: 209Word Count: 524See All articles From Author

Add Comment

Legal Articles

1. Exploring The Benefits Of Working With A Truck Accident Lawyer And Personal Injury Lawyer
Author: Louis Berk

2. Understanding The Benefits Of Choosing A Private Limited Company Structure In India
Author: Ahlawat and Associates

3. Locating Hard-to-find Respondents For Civil Process Serving
Author: ramcivilprocessservices

4. A Comprehensive Guide To Judgment Recovery Collection
Author: Noam Cohen

5. Understanding The Significance Of Timely Civil Process Serving
Author: ramcivilprocessservices

6. Breaking Barriers: The Rise Of Female Lawyers In Delhi's Legal Landscape
Author: Aman Singh

7. Court Marriage Lawyer In Nepal: Your Expert Guide To Navigating Legal Procedures
Author: nepallegalservice

8. The Power Of Skip Tracing Why It's Crucial And How We Can Help
Author: ramcivilprocessservices

9. Why Professional Civil Process Serving Matters
Author: ramcivilprocessservices

10. Understand Multifaceted Purposes Of Police Clearance Certificate
Author: Hardik Shah

11. Sponsor Licence Cooling-off Periods: Navigating The Re-application Process
Author: The SmartMove2UK

12. Your Guide To Navigating Workers' Compensation Attorney Services In Nj
Author: blognerdzone

13. Gjel Accident Attorneys
Author: Andy Gillin

14. Navigating The Insurance Claim Process In Food Delivery Accidents
Author: magerparuas

15. Full Service Law Firm Nj - Innovative Solutions For Legal Challenges
Author: mikewalson

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: