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Blog Posts in April, 2015

Voir Dire and Cause Challenges

Some lawyers will say that voir dire is one of, if not the most, important segments of your jury trial. I have noticed however that some attorneys seem to take voir dire for granted, spending little ...
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Worthwhile Purpose for Money in Injury Trial

This article/blog was written for my, Eric Roy's, own benefit. Most of these concepts come from trial consultant David Ball. His thoughts and ideas are rather ingenious. I get a lot of my ...
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Non-economic Damages in Injury Trials

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 ...
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Massaging Jury Instructions

When we, as plaintiff's lawyers, get to closing argument we need to make sure our jurors understand the law. We should not assume that jurors understand the jury instructions. Jury instructions ...
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Arming your Jurors in Closing

This brief article was written primarily for my, Eric Roy, and my staff's benefit. Here I point out some important tips to employ in closing argument in the plaintiff's personal injury trial ...
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Cross Examination in Injury Trials

There are some fundamentals of cross examination which will apply in virtually all trials. For instance, we should never ask a question we don't know the answer to. I typically won't ask a ...
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Tips for Direct in Plaintiff's Injury Trials

Direct examination is our opportunity to present our favorable witnesses to the jury. When we conduct this direct examination we should have more than a superficial understanding of our client's ...
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Direct Examination in Injury Trials

Direct examination is its own unique skill set which is sometimes taken for granted by practitioners. The reason for this is because it can seem like such a simple task. It doesn't require the ...
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Opening Statement in Injury Trials

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 ...
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Causation and Damages

In our plaintiff's personal injury trials we, as trial lawyers, have a duty to teach the jurors how to put a price on the plaintiff's injury. We want to begin this conversation in our opening ...
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Whiplash Injuries

Whiplash refers to an injury to the neck muscles and muscle attachments such as ligaments and possibly the disks that separate the vertebrates of the spine. Whiplash commonly results from a rear end ...
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Rule Violation in Opening

When we conduct our opening statement in a Plaintiff's injury case we at some point need to point out that the defendant broke the rules. We generally don't want to start accusing the defense ...
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Story of Defendant's Actions in Opening

Be advised that I wrote this article for my own, Eric Roy's, benefit. If you are looking for a substantial and thorough understanding of the subject matter I refer you to the published works of ...
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Voir Dire on Personality Traits

As I've stated before, jury selection is of tremendous importance in plaintiff's personal injury trial work. Don't neglect this task or wait until the final evening of trial to prepare ...
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Voir Dire in Personal Injury Trial

The first concept to remember and keep in mind is that voir dire is incredibly important in plaintiff's personal injury trial work. It is more important today than it was twenty or thirty years ...
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Teaching Jurors to Calculate Losses

As trial lawyers we may take for granted the considerations jurors account for in rendering their verdicts. Often times in plaintiff's jury trials little to no attention is placed on educating ...
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Preponderance of the Evidence in Trial

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 ...
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Noneconomic Damages in Trial

NONECONOMIC DAMAGES IN TRIAL One of the greater obstacles of trial advocacy, at least in the personal injury jury trial context, is dealing with noneconomic damages. When I say noneconomic damages I ...
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Tax Tips in Divorce Litigation

TAX TIPS IN DIVORCE LITIGATION Before reading this article understand that I, Eric Roy, am not a certified public accountant. I am a lawyer. Thus, please don't entirely rely on the information ...
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