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The Domino Theory Second Edition
The second edition of The Domino Theory has thirteen new chapters, including new examples and strategies for dealing with minor impact soft-tissue and auto crash cases, discovery, cross-examination, and damages. Capozzi does more than expand upon new ways to win your cases using the domino theory, he also shares many of the other methods he’s used to obtain hundreds of settlements and verdicts of six and seven figures in cases ranging from soft-tissue injuries to wrongful death.
In The Domino Theory, Capozzi shows how each part of your case is a domino—one step in a cause-and-effect cascade. He takes you through client intake, prelitigation, discovery, and trial and shares how to demonstrate all of the elements you need to prove a personal injury case to a jury: negligence, your client’s injuries, permanence, the preponderance of the evidence, damages, and proximate cause. Additionally, Capozzi explains how to set up your case presuit and during the discovery process to collect the facts and evidence that you’ll ultimately use at trial to prove your case.
Over the course of 48 chapters, Capozzi shares insights and ways to successfully approach the following issues and more:
In The Domino Theory, Capozzi presents a robust framework for practicing trial law, humanizing each case, and building credibility to keep the jury invested. With discussions and examples on soft-tissue injury, car accident, medical malpractice, premises liability, and trucking cases, Capozzi provides a detailed method for obtaining just settlements and winning verdicts for your clients.
Your eBooks are now accessible from your Trial Guides account! Click here for step by step instructions.
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: 454 pages; 2nd edition (2021); ISBN: 978-1-951962-13-5
Publisher: Trial Guides, LLC
Foreword
Introduction
1. You
2. Your Client
3. Customize the Case
4. Collecting the Dominos
5. Interrogatories
6. Depositions
7. Defense Medical Exams
8. Discovery Deposition of the Defense Medical Expert
9. Settlement and Mediation Packages
10. The Pretrial Exchange
11. Going to Trial
12. Opening Statement
13. Discussing the Accident and Treatment in Opening Statement
14. The Elements
15. A Preponderance of the Evidence
16. Common Soft-Tissue Injuries
17. The Diagnosis
18. Soldiers and Tanks
19. Damages in Opening Statement
20. Proving the Plaintiff’s Case
21. Direct Examination of the Plaintiff
22. Direct Examination of the Plaintiff’s Physicians
23. Proving Economic Damages: Loss of Earnings
24. Proving Past and Future Medical Bills
25. Using Demonstrative Evidence to Prove Medical Damages
26. Objective Medical Evidence
27. Preparing to Cross-Examine the Defense Medical Expert
28. Cross-Examining the Defense Medical Expert’s Qualifications
29. A Reasonable Degree of Medical Probability: Cross-Examining Defense Medical Experts
30. The Collateral Attack: Cross-Examining Defense Medical Experts
31. Cross-Examination of a Defense Dentist
32. Cross-Examining Medical Experts with the Literature
33. Cross-Examining the Defense Medical Expert with Their Own Prior Expert Reports
34. The Verdict Sheet
35. Summation
36. Picasso and Damages
37. Disproving the Defendant’s Case
38. Adding Pre-Negligence Dominos to Disprove the Defendant’s Case
39. Making Dominos for Your Case
40. Domino Theory Demonstration One: Auto Accident
41. Domino Theory Demonstration Two: Auto Accident Including Damages
42. Domino Theory Demonstration Three: Premises Liability
43. Domino Theory Demonstration Four: Proving Proximate Cause of Lost Wages
44. Domino Theory Demonstration Five: Minor Impact Soft Tissue Cases
45. Proving Negligence against a Trucking Company
46. Proving Proximate Cause with Two Consecutive Acts of Negligence.
47. Domino Theory Demonstration Six: Two Consecutive Acts of Negligence
48. The Agony of Defeat
Appendix A: Proximate Cause Definitions or Jury Instructions by State
Appendix B: Colorized MRI Film Examples
Acknowledgments
About the Author
— David Ball, trial consultant and author of David Ball on DamagesThis second edition is not just a cosmetic makeover; it’s justified and necessary. Along the way of expanding its use to every element of trial, Ed shares his other methods with which he gets his frequent and enviable verdicts. And as you read what he’s done, you’ll find yourself thinking up your own new ways to use them. Dominos will even help you evaluate cases before deciding whether to take them, as well as demonstrate the persuasive power of your case in mediations and negotiations, and also help bring your clients onto your wavelength regarding settlement decisions and other tricky issues. […] Regardless of if you’re a beginner or an experienced master, Ed’s domino theory will better shape the logic and motivation with which jurors frame the key parts of your case. And in deliberations, it arms jurors to fight for you without folding.
— Patrick Malone, member of the Inner Circle of Advocates, coauthor of Rules of the Road, author of The Fearless Cross-ExaminerEd Capozzi found an ingenious way to drain the verbal swamp of proximate cause and make the concept as clear and easy for the jury as a row of falling dominos. The proof of its merit is that it seems so obvious in hindsight. I said to myself, ‘Why didn’t I think of that?’—the mark of a really good idea.
— Rodney Jew, litigation strategistAn engaging book about proximate cause. With The Domino Theory, Ed Capozzi gives you tips and insight on how to come up with bold strategies for demonstrating this confusing jury issue.
— Michael Maggiano, past president of the New Jersey Association for Justice and the Melvin Belli Society, member of the Million Dollar Advocates Forum, and fellow of the American College of Trial LawyersToo many well-tried plaintiff cases have been lost because of juror confusion over what proximate cause means. With brilliant simplicity, Ed Capozzi presents an intuitive and logical approach that allows jurors to hear and see how the accident cause connects to the injury evidence, enabling them to ‘get it.’ And the book is something far more than that. It is a plaintiff lawyer’s roadmap to success. Ed takes the reader through a methodology that, if followed faithfully, will bring success beyond imagination. I have been trying personal injury cases for forty-two years, and Ed brings a rarely encountered wisdom to so-called ‘garden variety’ soft-tissue cases. Once you adopt and practice the domino theory, you will never ever call a soft-tissue case ‘garden variety’ again, and nor will your adversaries.
— John Romano, past president of the Academy of Florida Trial Lawyers, the Southern Trial Lawyers Association, and the National Trial Lawyers AssociationEd Capozzi’s The Domino Theory is the ultimate set of builders’ plans and specifications on how to prevail on the most vital issues in every personal injury case. It is a masterpiece of winning advocacy. This book will help every plaintiff’s attorney maximize the result for his or her client. It is such a fun and interesting read. Every lawyer in our firm will have this book—it is a practitioner’s manual on how to get it done! Ed’s writing makes for such a practical and easy-to-understand guidebook on practices, steps, principles, and more. The chapter-by-chapter “Takeaways” are steppingstones to victory. This book is a must for every trial lawyer’s library!
Overall rating: 5.0 / 5 from 24 reviews.
The second edition of The Domino Theory is highly regarded by customers for its comprehensive approach to personal injury cases, including new chapters on various legal strategies and methods. It is praised for its detailed framework for trial law, making it a valuable resource for trial attorneys.
Review topics: ["style","ideas","book","read","approach","strategies","advice","lawyer","verdicts","methods","feelings","injury","tips","message"].
"The Domino Theory offers a compelling and insightful examination of legal principles, blending theoretical foundations with practical application. The author does an excellent job of making complex legal concepts accessible without oversimplifying them, which makes the book suitable for both law students and general readers interested in the subject."
"This book is a game-changer for Plaintiff Attorneys and Paralegals. It powerfully breaks down how one small misstep can set off a cascade of consequences in litigation. This isn't just a read, it's a strategic advantage for anyone serious about staying ahead and protecting the integrity of their case."
"Ed Capozzi's Domino Theory brings an innovative and engaging way to prove proximate cause to the jury. In law school, you likely spent a good portion of your Torts class just trying to understand proximate cause, so how can we expect lay jurors to grasp the concept quicker than those trained in the law? This book bridges that gap. Trial attorneys know that the jury's attention span is everything, and the Domino Theory offers a visually stimulating way to get the jurors to drive the verdict home for you."
"This is not just a book you read - it's one you think about. The writing is engaging without being overwhelming, making complex ideas feel accessible and real. Ed does a great job of making you pause and consider how interconnected everything truly is. Overall, Domino Theory is insightful, relatable, and meaningful - definitely a worthwhile read!"
"After reading the Domino theory I was really able to visualize the process of trial through an outsiders view. What a creative way to really bring the courtroom to life and lay the law out in a way for the general public to understand. Great read!"
"The Domino Theory is a must read! The methods are explained in a clear and direct manner, leaving the reader with the tools needed to push back against adjusters and defense attorneys. The tips for cross-examining doctors are especially stellar!"
"Ed Capozzi breaks down complex areas of the law with simplified and straight forward tactics that work!! Time and time again The Domino Theory delivers big verdicts."
"A powerful reminder that one moment can change everything and can be the key to winning your case. Capozzi keeps it engaging while delivering a message that really sticks and elevates your approach and results."
"The Domino Theory is the perfect guidebook for any Trial Attorney looking for a clear and concise method in proving Causation. Highly recommend!"
"This book is loaded with excellent trial advice and hits the issues you need to focus on. Very direct and to the point also !"
The second edition of The Domino Theory has thirteen new chapters, including new examples and strategies for dealing with minor impact soft-tissue and auto crash cases, discovery, cross-examination, and damages. Capozzi does more than expand upon new ways to win your cases using the domino theory, he also shares many of the other methods he’s used to obtain hundreds of settlements and verdicts of six and seven figures in cases ranging from soft-tissue injuries to wrongful death.
In The Domino Theory, Capozzi shows how each part of your case is a domino—one step in a cause-and-effect cascade. He takes you through client intake, prelitigation, discovery, and trial and shares how to demonstrate all of the elements you need to prove a personal injury case to a jury: negligence, your client’s injuries, permanence, the preponderance of the evidence, damages, and proximate cause. Additionally, Capozzi explains how to set up your case presuit and during the discovery process to collect the facts and evidence that you’ll ultimately use at trial to prove your case.
Over the course of 48 chapters, Capozzi shares insights and ways to successfully approach the following issues and more:
In The Domino Theory, Capozzi presents a robust framework for practicing trial law, humanizing each case, and building credibility to keep the jury invested. With discussions and examples on soft-tissue injury, car accident, medical malpractice, premises liability, and trucking cases, Capozzi provides a detailed method for obtaining just settlements and winning verdicts for your clients.
Your eBooks are now accessible from your Trial Guides account! Click here for step by step instructions.
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.
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