Damages Evolving

David Ball, Artemis Malekpour, Courtney Rowley & Nicholas Rowley

Format: Paperback
Condition: New
Sale price$195.00

In Damages Evolving, authors David Ball, Artemis Malekpour, Courtney Rowley, and Nicholas Rowley (along with contributors Dorothy Clay Sims, Aaron Broussard, and Pate Skene) do more than just share their latest strategies and insights for successfully trying cases on behalf of injured clients.

The authors demonstrate new ways to make your cases stronger, now, today, as well as tomorrow and the days to come. They go beyond templates and examples you can use to solve the problems in your cases and share their reasoning as to why their solutions work, so that you can take their solutions and tailor them to your needs. They offer strategies and frameworks robust enough to give you an edge against unforeseeable changes, and—more importantly—they show you how and when to adapt their lessons to best tackle future challenges.

This new book on damages includes:

  • New and tested methods from the authors, built on the latest research
  • Numerous in-depth examples and trial transcripts—from a range of cases—that show you how you can apply the authors’ lessons in cases both large and small
  • How you can help jurors become unified for justice
  • Ways to get jurors to care about and understand your case
  • How to teach jurors to value cases based on what truly matters
  • Why noneconomic damages, assets, and human stories must become the heart of your cases and trial strategy
  • How to better frame and value your clients’ cases through human stories
  • Why framing your case around economic damages is wrong and plays into the defense’s hands
  • Concepts, such as alignment and respect versus disrespect, that are based on fundamental human nature and do not change even as the world changes around us
  • How to weave the value of noneconomic damages together with jury instructions and expert and lay witnesses
  • How to deal with defense experts
  • Insights for successfully handling jury selection, opening statement, direct and cross-examination, and closing argument
  • Necessary updates for David Ball on Damages

As David Ball puts it, “Damages Evolving wants to keep you ahead of the curve as our world—and thus our jurors—undergo faster and more abrupt changes than we’ve ever seen. Trial lawyers must be armed and ready. Evolution, after all, is the survival of the fittest.”

Do you want the eBook and print book? After you complete your purchase of the print book you will receive a coupon code via email to purchase the eBook for $20.

Paperback: 592 pages; 1st edition (2022); ISBN: 978-1-951962-16-6
Publisher: Trial Guides, LLC
Foreword by Rick Friedman
Do We Agree?
1. Money Damages Equal Civil Justice
2. Earning Capacity Ain’t Past Earnings
3. What Good Will Money Do?
4. Where (and How) Does It Hurt?
5. Forgotten Damages
6. Calculating Fair-Trade Value
7. The Client Connection
8. The Client, Incorporated Within
9. Flashpoints, Empathy, and Brain Damage
10. Loss of Control = Loss of Freedom of Choice
11. Respect and Disrespect: Humiliation, Shame, and Damages
12. The Stress and Damage of Litigation
13. Helping Jurors Understand a Verdict
14. Alignment: Early Facts -> Early Wins
15. Extended Alignment
16. The Jury as Appraisers
17. Gravity and Duty: The Gravity of the Bad Act
18. Trust Issues
19. Money-Minimizing Motivations, Part 1: Look Within
20. Money-Minimizing Motivations, Part 2: Look Beyond
21. Fair and Impartial Jurors
22. Jury Selection and Opening Statement
23. Direct and Cross-Examination: Proving the Full Value of Noneconomic Damages
24. Experts, Cheating, and Damages, Part 1
25. Experts, Cheating, and Damages, Part 2: Sworn to Lie
26. Closing and Rebuttal: Less than Full Justice Is Injustice
27. Don’t Get Grounded by Economic Damages
28. The Practice of Kindness
Conclusion: Don’t Ask, Do Tell
Appendix A
Appendix B
About the Authors

What Legal Leaders Are Saying

No one needs to be reminded how David Ball on Damages revolutionized the way plaintiffs’ lawyers approach their cases. This book is Damages on steroids. It will make anyone a better lawyer.

— Rick Friedman, author of The Way of the Trial Lawyer, coauthor of Rules of the Road, and member of the Inner Circle of Advocates

In this highly accessible book, these authors explain everything you need to know about damages. We have all struggled with the best way to present damages and this great read provides the key to success. Everything is covered from ‘what good with the money do’ to (my personal favorite) ‘kindness’ (thanks Artemis). It is as if these brilliant authors have analyzed why trial lawyers failed in their presentations of damages and have given us the magic answers. I never thought any book could top David Ball’s book on damages but this book is the magical twin of Damages 3. A must read for all trial lawyers that want to up their game on damages!

— Lisa Blue, past president of the AAJ and coauthor of Preparing for Voir Dire and Conducting Voir Dire 

In their new book, Damages Evolving, David, Artemis, Nick, and Courtney prove there is no one way to prove damages. This book gives their individual and collaborative viewpoints on proving damages in an everchanging world. As times change, our ways of proving damages must change. These authors not only explain and teach more effective ways to prove damages today, they foresee what proving damages into the future will look like. Absolutely brilliant!

— Edward Capozzi, president of the New Jersey Association for Justice and author of The Domino Theory

Damages Evolving provides innovative yet timeless insight into presenting all types of damages to a jury. It’s especially enlightening for those representing survivors of brain injury, which is uniquely difficult to communicate. This book reminds us why we do what we do, what we value, and how we convey that to a jury. I highly recommend adding this book to your arsenal.

— Shana De Caro, chairwoman of the Brain Injury Association of America, past chair of the AAJ Traumatic Brain Injury Litigation Group, vice president of the American Academy of Brain Injury Attorneys, and member of the Board of Directors of the New York State Academy of Trial Lawyers

This book is a rare treasure, in which Nick and Courtney do what David and Artemis teach and David and Artemis teach what Nick and Courtney do. What this book does differently is collect a vast array of tools, techniques, and different perspectives all in one place. Artemis brings the jurors’ perspective to the fore, David’s historical knowledge spans time and depth, while Nick and Courtney’s embodiment of the trial lawyers’ lens before and during trial jumps off each page. This book has been on my shelf for four weeks and I find myself reaching for it on a daily basis when editing opening statements, listing topics for witness examinations, drafting closing arguments, and reframing landmines, in addition to the moments when I simply need a nudge to get the creative juices going. This is the ultimate reference for plaintiffs’ trial attorneys and consultants, providing up-to-date strategies, storylines, and tried-and-true approaches for the unique challenges we face with today’s jurors.

— Amy Pardieck, trial consultant at Perceptual Litigation, LLC

This book is pure gold. David, Artemis, Courtney, and Nick synthesize the top trial strategies of our times, give credit where credit is due, and acknowledge there are differences and that is okay. They also weave in new turbo-charged methods that will help us teach jurors how to avoid the traps of tribalism and divisiveness and bring juries together to obtain justice for our clients.

— Katie Bertram, 2018 and 2019 top medical malpractice verdicts in DC and Virginia

Damages Evolving turns the adage ‘you can’t teach an old dog new tricks’ on its head. Damages Evolving is for every trial lawyer, experienced and novice, who wants to be the best and satisfy the only goal of trial—to get money for your client. As an ‘old dog’ who learned new tricks from ideas sparked by reading Damages Evolving, especially chapter 10, I say thanks to Artemis, Courtney, Nick, and David for sharing. I love that the sections stand alone, which allowed me to quickly find what was needed as I prepared for trial without having to read every preceding word.

— Karen Evans, past president of the National Black Lawyers Top 100, and past president of the Trial Lawyers Association of Metropolitan Washington, DC

This is a book for those of us who seek civil justice for our clients from a jury. Trials are not won using paint-by-number formulas but by critically thinking through the strategies for a particular case. David et al. set forth ideas, tactics, strategies, and philosophies that are meant to be considered, learned, and modified. This stuff rings true. Check for example jurors as appraisers and alignment (on steroids). Having tried cases for over 40 years, I could not put the book down.

— Charles Zauzig, past president of the Virginia Trial Lawyers Association and fellow of the American College of trial lawyers

Damages Evolving helps trial lawyers feel their way into the hearts of their clients’ damages stories and explores the moral value of assessing human damages so that juries can provide righteous justice. A must read.

— Karen Koehler, founder of the Velvet Hammer and past president of the Washington State Association for Justice

Damages Evolving is an excellent addition to the research on litigation theory, particularly the chapters discussing building rapport with clients, presenting clients as exhibits (while protecting them from further harm), and respect and disrespect. David and Artemis continue to build on their well-developed empirical research on how best to communicate with juries, while Courtney and Nicholas demonstrate how they have deployed these strategies to secure record-breaking outcomes. This book is essential reading for trial lawyers committed to bearing witness to justice at the highest level.

— Jalil Dozier, trial lawyer, Dozier Law Firm PLLC

Damages Evolving is an excellent, comprehensive book about proving damages at trial. It combines creative thought with very practical suggestions. Valuable insight is provided concerning deemphasizing economic damages, as well as the importance of the loss of mobility and the loss of the freedom to choose how we live our lives. Important innovations are offered, including what David Ball calls ‘flashpoints’ and ‘alignment.’ This book teaches numerous important trial lessons, such as our need to act with respect at all times in the courtroom. I highly recommend it for all trial lawyers, regardless of their level of experience.

— Mark Mandell, author of Case Framing and Advanced Case Framing and member of the Inner Circle of Advocates

For many years now, David Ball’s books on damages have been the authoritative text and mandatory reading for us trial lawyers. Now with the changing times, this new book is again required reading. With his coauthors sharing additional viewpoints, the reader will feel like being in the middle of a ‘trial advocacy critical thinking’ master class. We all owe Ball, Malekpour, and the Rowleys a big debt of gratitude for writing this book.

— Ernie Teitell, lawyer of the year for Medical Malpractice Law—Plaintiffs, Stamford, CT, 2021 and adjunct professor at Quinnipiac University School of Law

I find it hard to accept that Damages Evolving may be David Ball’s last, as he proclaims. . . . . [W]ith this extraordinary ‘last’ effort he brings the outstanding talents and vision of Artemis Malekpour, Courtney Rowley, and Nick Rowley. This will ensure the ‘evolution’ continues. Any trial lawyer, whether new to the pursuit of justice for the harms caused by others or a seasoned veteran will benefit enormously from Damages Evolving. Our gratitude to David for providing his brilliance for all of us in these pages and for bringing along with him such extraordinary talents.

— Todd Smith, past president of American Association of Justice and member of the Inner Circle of Advocates

If you want unlimited returns on an investment, buy Damages Evolving. It is the true heart and soul of how to achieve a full recovery for our clients. The combination of Nick, Courtney, David, and Artemis is pure genius.

— Gary C. Johnson, created Judo Law, won the largest verdict in Kentucky, and is listed as a Kentucky Super Lawyer

Here, in one volume, you will find the collective experience and trial wisdom of an amazing team of experts outlining the steps for getting full-value damages in your cases. In clear, understandable language they outline strategies and concepts that they have proven by experience work. I highly recommend it.

— Paul Luvera, past president of the Inner Circle of Advocates, coauthor of Luvera on Advocacy

Four great authors with hundreds of new ideas and ways of thinking about damages. Thank you, David, Artemis, Courtney, and Nick. Why has it taken so long for the four of you to write this book? So many great ideas about damages to steal—and all from one place. Damages Evolving helps us empower the jury to fight for justice for those who entrust their futures to us. Just doing that makes it worthwhile reading—and rereading. But Damages Evolving empowers us, too, to keep evolving and struggling against the dangerous complacency old habits.

— Donald H. Beskind, trial lawyer and full-time law professor at Duke Law

These authors have written several comprehensive books on trials and jury science. I thought there would be very little left to say. But I was wrong. There are practical, creative, and easily adopted suggestions for every aspect of a trial from beginning to end. Trying cases is almost always a gamble, but you can significantly increase your odds of winning an adequate verdict for your clients by absorbing the advice in this excellent book. I have a been a trial lawyer for 55 years and I learned something new and useful in every single chapter. This is simply the best book I have ever read on how to win cases for injured people.

— Roxanne Conlin, member of the Inner Circle of Advocates, first woman president of the AAJ, partner/owner of Roxanne Conlin & Associates, P.C.

The collective wisdom of my friends David, Artemis, Courtney, and Nick is staggering, so I expected great things. Beyond the fantastic insights, what struck me was the courage on every page. It takes courage and conviction to pursue maximum justice. It is easier to teach strategies than to dare delve into those core elements. This book is like having a gathering of wizards join in an epic quest where right and wrong hang in the balance. For the sake of us all, please read this fabulous book.

— Keith Mitnik, author of Don't Eat the Bruises and Deeper Cuts, and senior trial counsel at Morgan & Morgan, the largest personal injury firm in the country

For those of us who were raised with the belief that it was not polite to talk about money, this book is the perfect antidote. This dream team of trial consultants and trial lawyers shares wisdom learned over years working inside and outside the courtroom with focus groups. They raise, and help you answer, the hard questions that stand between you and a fair verdict. What good will the money do? How lost earning capacity and future potential is so much greater than a mere calculation of lost wages. How a verdict can result in justice. Whether you’ve struggled when asking for money or just need a new approach to damages, you need this brilliant book.

— Randi McGinn, first woman president of Inner Circle of Advocates and author of Changing Laws, Saving Lives 

What a team: proven and experienced top-of-their game Artemis Malekpour and David Ball are joined by rising superstars Courtney and Nick Rowley, with one creative idea after another. And along the way, they encourage us to be brave, inventive, and bold. I never try a case without a re-read of Damages 3, and it is typically thoughtful of Ball to provide an Appendix A with a cut and paste set of updates for my dog-eared copy. But perhaps a waste of paper, David, as Damages Evolving is certain to replace it as my new go-to.

— Ann Oldfather, member of the Inner Circle of Advocates, regularly rated in the top ten or top three trail lawyers in Kentucky by Super Lawyers, listed in Best Lawyers since 1993

Since the publication of his seminal work, David Ball on Damages, David Ball’s teachings have been required reading for trial lawyers. In the last 20 years, I have never prepared for trial without consulting and re-reading Damages. With Damages Evolving, David has combined with his longtime colleague, Artemis Malekpour, and the incredible trial lawyers Nick and Courtney Rowley to move the needle even further. Damages Evolving belongs on the desk, not bookshelf, of every trial lawyer.

— Patrick Regan, fellow of the American College of Trial Lawyers, and member of the Board of Governors for the AAJ