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Presenting an Eggshell-Plaintiff to the Jury


Presenting an
Eggshell-Plaintiff to the Jury

By S.J. Walker


unusually susceptible plaintiff is someone a San Diego personal injury attorney
or an attorney from anywhere in the country will have to encounter. The
eggshell-plaintiff doctrine is a long-established principal and is now a
universally accepted and widely applied doctrine in which every American
jurisdiction awards eggshell-plaintiff’s damages. (Restatement (Third) of Torts: Liab. For Physical & Emotional Harm
§ 31,
cmt. B, reporters’ note (2005) (“Every United States jurisdiction
adheres to the thin-skull rule; more precisely, extensive research has failed
to identify a single United States case disavo...

How to empower a jury to fully compensate your client for their non-economic damages


By S.J. Walker


            Last week,
this blog discussed the tactics used to sell general damages to a jury.
However, for a San
Diego Personal Injury Attorney
or elsewhere in the world, the hardest
damages to prove are usually those that are non-economic. Juries are easy to
lean toward economic damages. Why? There is objective proof as to what they
are: medical bills, lost wages, or loss profits. On the contrary, juries are
more reluctant to award a non-economic judgement. Why? It is subjective; maybe
they think “its too much money for one person”; or maybe they know that
awarding non-economic damages will not bri...



By S.J. Walker


            Sell your
damages to the jury, and sell them well. It is easy enough to grab different
witnesses who have some relation to the case and ask them to testify. However,
if not done properly this will likely become a one-way ticket to an objection
based on cumulative evidence. Many times, it is easiest to put the plaintiff on
the stand because the plaintiff is the person who is best qualified to testify
about their damages or their loss of enjoyment in their life. This easily can
lead to a pitfall, a Catch-22 if you will. If the plaintiff testifies
truthfully of their injuries, they are likely to come off as whiners to the
jury. It is not likely that a jury takes well to whiners. Secon...

3 Step Analysis for Use of Objections in Responding to Interrogatories


By S.J. Walker


written discovery is a constant in all of litigation. The goal: to permit parties
to evaluate the case, identify issues, and prepare for depositions and trial.
Much of written discovery begins with form interrogatories and special
interrogatories. Unfortunately, novice lawyers, and possibly some seasoned
lawyers, forget that the defense counsel will use the information in your client’s
interrogatories at deposition and throughout the case. As such, making sure a
proper analysis is done on each question will ensure your client provides the
proper and accurate responses. It is the professional responsibility of the
lawyer to represent their client competently and diligently, ...

How to Get The Most of Direct Examination of Your Client


By S.J. Walker

J.D. Candidate

Direct examination is a talent that draws on knowledge,
practice, and skill. The rules governing direct examination assist the judge or
jury in discovering the facts and basis behind the case, and should be used to
go beyond simply reiterating the evidence that is already admitted. To ensure
that an attorney makes the most out of their time with their witness, there are
important tactics that can be used such as the importance of certain moments
when leading a witness may be appropriate and permissible; how to use
documents; and how not to waste your time redirecting unless it truly adds
something to the prior testi...


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