Customer Obtains Excess Verdict Using David Ball on Damages
Posted by Aaron DeShaw on Nov 06, 2006
Trial Guides received the following customer success story from David Ball.
When I went to the ATLA Damages College I had already read your book on Damages, and listened to your CD. I was comfortable with your method and was looking to refine my skills. The case I worked on at the ATLA Damages seminar was a dental malpractice case where an oral surgeon severed my client's lingual nerve while extracting a lower wisdom tooth, leaving half of his tongue permanently numb.
My client made a poor witness and I had no one else I could call on damages.
Nonetheless, I applied your Damages techniques. I spent a significant portion of my opening talking about damages. I had my client on the stand for maybe 10 minutes since he did not make a great witness. I got him to say the few things I needed so that I could talk about his injury. I used the defense expert to talk about how serious the injury is and how it affects people. I spent a significant portion of my closing talking about damages. I used the three elements of damages and explained why the law forced me to ask for a certain amount of money for each injury.
In California, my damages are capped at $250,000 [for non-economic damages in medical malpractice cases]. I asked for $600,000 just to be safe. The jury came back with $655,000 (and they were offended after trial when they learned my client would only get $250,000). I attribute my success to your ideas on presenting damages.
Thanks again for all the help. I wanted to follow up and make sure you have some feedback about my great results.
Todd J. Bloomfield, Esq.
Woodland Hills, CA"
David Ball on Damages (both in book and audio CD set), provides step-by-step guidance for attorneys seeking damages for their clients. Ball explains why jurors give, why they do not, and how to motivate them to do the former instead of the latter. He walks readers through voir dire, opening, Direct examination, and closing. David Ball on Damages provides practical, effective, and innovative methods for pursuing damages.