David Ball on Damages 3

David Ball

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Format: Paperback
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David Ball on Damages is America's bestselling text on proving damages. Now, David Ball on Damages 3 teaches you how to integrate the Reptile and Rules of the Road™ methods, along with new voir dire techniques, into the classic Damages method. Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages.

David Ball on Damages 3 is filled with improvements and refinements based on thousands of hours of research and real case preparation that Ball and his partner, Artemis Malekpour, have uncovered since the second edition's 2005 release. Ball explains why jurors give, why they do not, and how to motivate them to provide a large verdict. Damages 3 provides practical, effective, and innovative methods for pursuing damages, while alerting readers to pitfalls that both new and experienced attorneys are prone to. The techniques and tools that Damages 3 provides counter sophisticated opposition tactics, the public mood, and laws and rules that continue to grow more hostile.

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: 520 pages; 3rd edition (2012); ISBN: 9781934833896 | CD/Audio Digital Download: 788 minutes; 12 discs; 3rd edition (2011); ISBN: 978-1934833407
Publisher: Trial Guides, LLC
  1. Publisher's Note
  2. Foreword to the Second Edition
  3. Foreword to the Third Edition
  4. Preface
  5. Acknowledgments for the First Edition
  6. Acknowledgments for the Second Edition
  7. Acknowledgments for the Third Edition
  8. Introduction to the Second Edition, 2005
  9. Introduction to the Third Edition, 2010
  10. Chapter One. Fundamentals
  11. Fundamental One: Juror Self-Protection
  12. Fundamental Two: Proportion of Time on Harms and Losses
  13. Fundamental Three: You
  14. Fundamental Four: Client's Point of View
  15. Fundamental Five: Defendant Conduct
  16. Fundamental Six: Inadvertent Wrongdoing
  17. Fundamental Seven: Worthwhileness of Money
  18. Fundamental Eight: Fix, Help, Make Up For
  19. Fundamental Nine: Degree of Harms and Losses
  20. Fundamental Ten: Who Gets the Money
  21. Fundamental Eleven: Importance
  22. Fundamental Twelve: Going Home Afterward
  23. Fundamental Thirteen: Compromise Kills
  24. Fundamental Fourteen: Seen Worse, Been Worse
  25. Fundamental Fifteen: People Should Pay for Their Own Problems
  26. Fundamental Sixteen: Divine Punishment("God is My Co-Juror")
  27. Fundamental Seventeen: Don't Wanna Punish the Defendant
  28. Chapter Two. Noneconomic Damages
  29. Obstacle 1: No Worthwhileness
  30. Obstacle 2: No Way to Calculate
  31. Obstacle 3: Can't Define "Compensation"
  32. Obstacle 4: Defense Plea for Jury Nullification
  33. Obstacle 5: Bad Comparison to Economic Damages
  34. Obstacle 6: Why Pay Family to Be Caretakers? Why Pay for Professional Care When the Family Can Do It?
  35. Obstacle 7: "Even If That's the Right Amount, It's Far Too Much for Any Individual"
  36. Chapter Three. Rules for Jurors: Preponderance; Harms and Losses Only
  37. The Preponderance Template
  38. The Preponderance Formula
  39. Preponderance Template: Jury Voir Dire
  40. Preponderance Template: Opening (The Boilerplate Tag)
  41. Preponderance Template in Plaintiff's Testimony
  42. Preponderance Template in Defense Testimony
  43. Preponderance Template in Closing
  44. Preponderance Template: Conclusion
  45. The Harms-and-Losses-Only Template
  46. Harms-and-Losses-only Template: Jury Voir Dire
  47. Harms-and-Losses-only Template: Opening
  48. Harms-and-Losses-only Template: Testimony
  49. Harms-and-Losses-only Template: Closing
  50. Chapter Four: With or Without Jury Voir Dire
  51. Voir Dire Limitations: Fight Them! No Voir Dire? Fight for It!
  52. Jurors' First Impression: Primacy and Persistence
  53. How to Ask
  54. Tort "Reform"
  55. Noneconomic Damages: Spotting Problem Jurors
  56. Other Noneconomic Elements
  57. Tolerance for Pain
  58. Asking about (or Sneaking in) a Specific Figure in Voir Dire
  59. Asking about Caps
  60. Juror Demographics Affecting Damages
  61. Personality Traits
  62. Religion Matters
  63. Inadvertence
  64. Leaders
  65. Child Witnesses
  66. Paid Experts
  67. Multiple Survivors
  68. Harms Consultants
  69. Harms and Losses Lists
  70. Final Thoughts
  71. Chapter Five. Opening Statement
  72. Introduction
  73. Your Standing with the Jury
  74. Structure
  75. The Template
  76. The Template Cont.
  77. Damages-Only Case
  78. Loss of Personal Image
  79. Beware the Unknown: What Jurors Don't Know Can Clobber You
  80. Keep Jurors Listening
  81. fear of Not Understanding
  82. Motivations
  83. Loss of Consortium
  84. E-nun-ci-ate
  85. Stop the Bullet Points
  86. Dress Approachably
  87. Decorate Yourself Modestly and Moderately
  88. Length of Opening
  89. Eye Contact
  90. Movement
  91. Rehearse
  92. Lighting
  93. Chapter Six. Direct Examination
  94. Mud and Gold (Less Mud = More Gold)
  95. Controlling Your Witness on Direct
  96. Short Questions
  97. Don't Make Your Client a Whiner
  98. How Does that Make You Feel?
  99. Spouse
  100. Before and After Witnesses
  101. How Many?
  102. Stories
  103. Hollow Advocacy
  104. Witnesses as Sources of Worthwhileness
  105. Sequence of Witnesses: Damages Witnesses
  106. Children
  107. Grief and Pain Counselors
  108. Minimum Life-Care Plans (and Equivalents)
  109. Using Liability Witnesses for Damages
  110. Day-in-the-Life Videos
  111. Should Your Client Be in Trial?
  112. Client In and Out of Trial
  113. The Best and Cheapest Experts: High-School Teachers
  114. Paid Plaintiff's Experts
  115. How to Use Experts
  116. Chapter Seven. Cross-Examination
  117. Rules for Analysis
  118. Hitchhiking: Use Defense Liability Experts for Damages
  119. Undermining Defense Life-Expectancy Estimates
  120. Undermining Accusations of Malingering and Exaggeration of Symptoms
  121. "Litigation Syndrome" and Other Bogusaria
  122. Control
  123. Chapter Eight. Closing
  124. Overview
  125. When to Write It
  126. Make Jurors Listen
  127. Teaching Your Favorable Jurors How To Win (Arming Them)
  128. Keep on KISSING!
  129. Why Are You Saying That?
  130. Help Jurors Respond to the Folks at Home
  131. Essentials for Closing
  132. Minimum Life-Care Plan in Closing
  133. Massaging the Jury Instructions and Questions
  134. Language
  135. Intangibles Argument: Ratio to Tangible Losses
  136. Holistic Damages
  137. SCALES: Calculating the Intangible Amounts
  138. Admit Some Fault
  139. Comparative Fault: Double Dipping
  140. Proportions: The Damages Circle
  141. How Do You Decide on Appropriate Amounts?
  142. Jurors' Weekends and Other Treasures
  143. The First Thing You think
  144. Two Futures
  145. Safety
  146. Judo Law and "The Gift of Malingering"
  147. Vague Language
  148. People Care v. Money Care
  149. Closing: Quickies
  150. Chapter Nine. Public Respect and Trust: Restore It and Deserve It
  151. The Problem
  152. The Foolproof Solution
  153. Does It Work?
  154. The Specifics
  155. A Potpourri of Good Works
  156. Rejecting Cases
  157. Organizations
  158. Show the World
  159. Epilogue
  160. Supplements
  161. Supplement A. Jury Voir Dire
  162. Supplement B. Story for Opening Statements
  163. Supplement C. The Ball Opening: A Guided Template
  164. Supplement D. Sample Opening
  165. Supplement E. Differential Diagnosis in Med Mal Opening
  166. Supplement F. Sample First-Person Story for Closing
  167. Supplement G. Pitfalls: A Primer for the New Lawyer; A Reminder for the Not-So-New
  168. Supplement H. Virtual Reality: How Jurors Finding Information Online Can Swing Your Case
  169. Supplement I. What Is a Defense Expert Really Allowed to Say?
  170. Index
  171. About the Author

What Legal Leaders Are Saying

More good verdicts and settlements have been credited to the second edition of David Ball on Damages than to every other resource combined. If there are any trial attorneys left who do not heavily rely on David’s work, they need to immediately immerse themselves in the new, updated  third edition.  David almost single-handedly led trial advocacy out of its dark ages and into a new world of advocacy that combines real science, real art, and real results.

— Gary C. Johnson, listed in the Martindale Hubbell Bar Register of Preeminent Lawyers, named a Kentucky Super Lawyer
5 out of 5 stars Based on 30 reviews
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Eric H.
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Great tool to effectively communicate damages to the jury at trial.
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Howard B.
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Must Have for Trial Attorneys
This book really brings it all together while focusing on damages. It's basically a plaintiff's trial strategy handbook that happens to focus on the damages component.
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William A.
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David Ball is always excellent.
David Ball is always excellent. I have all of his books.
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William K.
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Incredibly helpful and straightforward.
Incredibly helpful and straightforward.
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Derrick K.
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One word: EXCELLENT.
One word: EXCELLENT.
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