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The following article was published in our article directory on September 21, 2015.
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Money Awards to Injured Victims, Exactly what Inspires Jurors and Judges to Award Damages?

Article Category: Legal

Author Name: By Richard M. Katz, Trial Lawyer

Money Awards to Injured Victims, Exactly what Inspires Jurors and Judges to Award Damages?

A great case helps! This is not a joke, it is fact.

In my experience as a Pasadena personal injury lawyer, jurors, judges and arbitrators (the triers of fact) are much like you and me. Ask yourself exactly what encourages me? And you will certainly get an understanding of will often encourage the jurors, judges and arbitrators (the triers of fact) to decide in your favor and award appropriate damages.

Contrary to common belief compassion hardly ever "wins the case." Consider how frequently do we see somebody on a street corner holding a sign or asking for cash or food? Many folks often have a preliminary response of compassion toward that street person but how frequently do you provide cash or food? The response for most people is seldom. In truth often folks seeing such individuals looking for a handout "looks too healthy" many passerbys figure the individual ought to "get work" or is "lazy" the truth is a lot of these street people need help but compassion from passerbys does little in the way of giving money, food or work. So much for sympathy . . .

That is why for each personal injury case an engaging and compelling "story" must be told to the jury, judge or arbitrator. A truthful tale that compels the listener to want to do right for the victim. Such a compelling "story" permits the triers of fact to become the champions of justice by finding for and awarding the victim money damages.

Themes that I have found compelling include safety, security, health, society, protection of the weak. There are many themes one can use. For instance one should be free from injury or damage caused by another's neglect. Holding the defendant accountable for their actions. Practically every claim can be presented as a fight between good and evil. Moral concepts that go beyond the immediate claim before the triers of fact.

One example:
A traffic accident that triggered major injuries isn't really just about the injuries suffered by the vicitm. It is also about jurors realizing that others need to drive with carefully and safely since failing to do so can cause death or serious life long injuries. Failure to hold individuals accountable and liable for their negligence creates a danger and threat to the rest of society, the triers of fact must see the behavior as threatening to all of us. Safety and security from injury or damage is often a strong theme.

Another example:
In a medical negligence case the theme should not be about the terrible injury suffered by the victim. The theme is about safety and good medical care for everyone. The health of the community and guaranteeing that healthcare providers are called to account for their negligent conduct. After all healthcare providers are paid for the services they provide and have individuals'lives in their hands. Safety and Security. Liberty from injury or damage is a strong theme.

Focusing a trial on arbitration on problems of safety, security and freedom from injury or harm, assists the triers of fact to comprehend and value exactly what another individual has actually gone through. A good theme requires the triers of fact to focus and concentrate on important societal values (such as keeping folks safe and protected) from the wrongful conduct of others. As well, the triers of fact will most likely begin to associate with the victims injury and other losses. If one fails to highlight the big-picture significance of a case and instead focuses just on exactly what the victim suffered, then in my opinion the victim will be at a disadvantage during the trial. It never ceases to amaze me how after a trial or arbitration whether we win or lose how the triers of fact viewed the case. Well themed cases do much better.

As a knowledgeable Pasadena personal injury lawyer, I understand the best ways to present a case in such a way that makes it simple for judges, jurors or arbitrators to find on a client's behalf and award proper damages. Should you need legal assistance, I am here to help you. For a complimentary evaluation, call me, Richard M. Katz at 626-796-6333 or contact me through my website http://www.lawyer-personal-injury-law.com/.

Keywords: personal injury attorney medical malpractice kaiser permanente automobile collision car crash

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