David Ball on Damages 3 eBook

David Ball

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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.

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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
    1. Fundamental One: Juror Self-Protection
    2. Fundamental Two: Proportion of Time on Harms and Losses
    3. Fundamental Three: You
    4. Fundamental Four: Client's Point of View
    5. Fundamental Five: Defendant Conduct
    6. Fundamental Six: Inadvertent Wrongdoing
    7. Fundamental Seven: Worthwhileness of Money
    8. Fundamental Eight: Fix, Help, Make Up For
    9. Fundamental Nine: Degree of Harms and Losses
    10. Fundamental Ten: Who Gets the Money
    11. Fundamental Eleven: Importance
    12. Fundamental Twelve: Going Home Afterward
    13. Fundamental Thirteen: Compromise Kills
    14. Fundamental Fourteen: Seen Worse, Been Worse
    15. Fundamental Fifteen: People Should Pay for Their Own Problems
    16. Fundamental Sixteen: Divine Punishment("God is My Co-Juror")
    17. Fundamental Seventeen: Don't Wanna Punish the Defendant
  11. Chapter Two. Noneconomic Damages
    1. Obstacle 1: No Worthwhileness
    2. Obstacle 2: No Way to Calculate
    3. Obstacle 3: Can't Define "Compensation"
    4. Obstacle 4: Defense Plea for Jury Nullification
    5. Obstacle 5: Bad Comparison to Economic Damages
    6. Obstacle 6: Why Pay Family to Be Caretakers? Why Pay for Professional Care When the Family Can Do It?
    7. Obstacle 7: "Even If That's the Right Amount, It's Far Too Much for Any Individual"
  12. Chapter Three. Rules for Jurors: Preponderance; Harms and Losses Only
    1. The Preponderance Template
    2. The Preponderance Formula
    3. Preponderance Template: Jury Voir Dire
    4. Preponderance Template: Opening (The Boilerplate Tag)
    5. Preponderance Template in Plaintiff's Testimony
    6. Preponderance Template in Defense Testimony
    7. Preponderance Template in Closing
    8. Preponderance Template: Conclusion
    9. The Harms-and-Losses-Only Template
    10. Harms-and-Losses-only Template: Jury Voir Dire
    11. Harms-and-Losses-only Template: Opening
    12. Harms-and-Losses-only Template: Testimony
    13. Harms-and-Losses-only Template: Closing
  13. Chapter Four: With or Without Jury Voir Dire
    1. Voir Dire Limitations: Fight Them! No Voir Dire? Fight for It!
    2. Jurors' First Impression: Primacy and Persistence
    3. How to Ask
    4. Tort "Reform"
    5. Noneconomic Damages: Spotting Problem Jurors
    6. Other Noneconomic Elements
    7. Tolerance for Pain
    8. Asking about (or Sneaking in) a Specific Figure in Voir Dire
    9. Asking about Caps
    10. Juror Demographics Affecting Damages
    11. Personality Traits
    12. Religion Matters
    13. Inadvertence
    14. Leaders
    15. Child Witnesses
    16. Paid Experts
    17. Multiple Survivors
    18. Harms Consultants
    19. Harms and Losses Lists
    20. Final Thoughts
  14. Chapter Five. Opening Statement
    1. Introduction
    2. Your Standing with the Jury
    3. Structure
    4. The Template
    5. The Template Cont.
    6. Damages-Only Case
    7. Loss of Personal Image
    8. Beware the Unknown: What Jurors Don't Know Can Clobber You
    9. Keep Jurors Listening
    10. fear of Not Understanding
    11. Motivations
    12. Loss of Consortium
    13. E-nun-ci-ate
    14. Stop the Bullet Points
    15. Dress Approachably
    16. Decorate Yourself Modestly and Moderately
    17. Length of Opening
    18. Eye Contact
    19. Movement
    20. Rehearse
    21. Lighting
  15. Chapter Six. Direct Examination
    1. Mud and Gold (Less Mud = More Gold)
    2. Controlling Your Witness on Direct
    3. Short Questions
    4. Don't Make Your Client a Whiner
    5. How Does that Make You Feel?
    6. Spouse
    7. Before and After Witnesses
    8. How Many?
    9. Stories
    10. Hollow Advocacy
    11. Witnesses as Sources of Worthwhileness
    12. Sequence of Witnesses: Damages Witnesses
    13. Children
    14. Grief and Pain Counselors
    15. Minimum Life-Care Plans (and Equivalents)
    16. Using Liability Witnesses for Damages
    17. Day-in-the-Life Videos
    18. Should Your Client Be in Trial?
    19. Client In and Out of Trial
    20. The Best and Cheapest Experts: High-School Teachers
    21. Paid Plaintiff's Experts
    22. How to Use Experts
  16. Chapter Seven. Cross-Examination
    1. Rules for Analysis
    2. Hitchhiking: Use Defense Liability Experts for Damages
    3. Undermining Defense Life-Expectancy Estimates
    4. Undermining Accusations of Malingering and Exaggeration of Symptoms
    5. "Litigation Syndrome" and Other Bogusaria
    6. Control
  17. Chapter Eight. Closing
    1. Overview
    2. When to Write It
    3. Make Jurors Listen
    4. Teaching Your Favorable Jurors How To Win (Arming Them)
    5. Keep on KISSING!
    6. Why Are You Saying That?
    7. Help Jurors Respond to the Folks at Home
    8. Essentials for Closing
    9. Minimum Life-Care Plan in Closing
    10. Massaging the Jury Instructions and Questions
    11. Language
    12. Intangibles Argument: Ratio to Tangible Losses
    13. Holistic Damages
    14. SCALES: Calculating the Intangible Amounts
    15. Admit Some Fault
    16. Comparative Fault: Double Dipping
    17. Proportions: The Damages Circle
    18. How Do You Decide on Appropriate Amounts?
    19. Jurors' Weekends and Other Treasures
    20. The First Thing You think
    21. Two Futures
    22. Safety
    23. Judo Law and "The Gift of Malingering"
    24. Vague Language
    25. People Care v. Money Care
    26. Closing: Quickies
  18. Chapter Nine. Public Respect and Trust: Restore It and Deserve It
    1. The Problem
    2. The Foolproof Solution
    3. Does It Work?
    4. The Specifics
    5. A Potpourri of Good Works
    6. Rejecting Cases
    7. Organizations
    8. Show the World
    9. Epilogue
  19. Supplements
    1. Supplement A. Jury Voir Dire
    2. Supplement B. Story for Opening Statements
    3. Supplement C. The Ball Opening: A Guided Template
    4. Supplement D. Sample Opening
    5. Supplement E. Differential Diagnosis in Med Mal Opening
    6. Supplement F. Sample First-Person Story for Closing
    7. Supplement G. Pitfalls: A Primer for the New Lawyer; A Reminder for the Not-So-New
    8. Supplement H. Virtual Reality: How Jurors Finding Information Online Can Swing Your Case
    9. Supplement I. What Is a Defense Expert Really Allowed to Say?
    10. Index
    11. About the Author

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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