Personal Injury Damages: Addressing Pain and Suffering, Pre-Impact Damages, Conscious Suffering Before Death
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the art of arguing for or against a plaintiff's claims for pain and suffering, including pre-impact damages and conscious pain and suffering before death, as well as some of the evidentiary keys to unlocking these damages and the burden of proof at trial.
Outline
- Types of pain and suffering
- Methods for calculating pain and suffering damages
- Persuading the jury
- Educating the jury about pain, possible themes, opening/closing
- Forbidden arguments
- Defense insights on themes and closing arguments
- Burden of proof
- Types of evidence that may be used
- Pre-incident and conscious suffering before death
- Standards of review on appeal
Benefits
The panel will review these and other relevant topics:
- What is "pain and suffering"?
- What are some methodologies that may be used to calculate pain and suffering damages?
- What types of arguments are prohibited?
- What key issues should counsel consider when seeking expert witnesses?
Faculty
Jason S. McManis
Partner
Ahmad Zavitsanos & Mensing
Mr. McManis has helped clients successfully pursue patent infringement claims against some of the largest corporations... | Read More
Mr. McManis has helped clients successfully pursue patent infringement claims against some of the largest corporations in the world. He also has experience defending corporations against accusations of patent infringement made by their largest competitors. In his business litigation practice, he has helped company founders fight to get their rightful share after their business partners have unlawfully forced them out of the company and successfully defended business partners against dissolution and breach of fiduciary duty claims in a jury trial. Mr. McManis was named on the 2018 Texas Rising Stars list for his excellence in intellectual property litigation. Rising Stars, a list compiled by Thomson Reuters’ Texas Super Lawyers, honors leading attorneys age 40 and younger and those who have been in practice no more than 10 years.
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Brett A. Tarver
Attorney
Troutman Pepper
Ms. Tarver defends primarily pharmaceutical and medical device companies in litigation involving mass tort, personal... | Read More
Ms. Tarver defends primarily pharmaceutical and medical device companies in litigation involving mass tort, personal injury and wrongful death claims in state and federal courts across the United States. She has experience in all aspects of discovery, trial preparation, and trial practice including taking and defending depositions, motions practice, witness preparation, trial strategy development, and witness examinations at trial. Ms. Tarver has experience serving as trial counsel for a global tobacco manufacturer in trials across the United States, from Massachusetts to the U.S. Virgin Islands.
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