Personal Injury

Closing Arguments: Give Your Remarks A Structure

As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is necessary that counsel utilize a structure in preparing his/her outline of the legal and factual issues counsel wishes to discuss with the jury.

The following elements should be present in your remarks: 1) an interesting introduction to the summation; 2) a discussion of what happened; 3) a discussion of the law and the burden of proof and why; 4) a discussion of damages; and 5) an appropriate peroration or conclusion.

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Closing Arguments:Discuss the Case, Do not Give a Speech

In order to communicate with sincerity, there must be a body language and eye contact that flows naturally when discussing a case with the jury. The word discussion is important because one should never read to a jury or give them a speech. It is difficult to develop a personal rapport with the jury if one is speaking at someone as opposed to talking with them. While there should be an element of formality to the summation consistent with the seriousness of the cause of
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Closing Arguments: Be Yourself

Another fundamental of a sound closing argument is being as natural as you can be. You should never try to imitate someone else’s style or manner. You can only be yourself. The jury is always watching you very closely. Are you sincere? Are you believable? Are you trustworthy? Everything you do must communicate to the jury that you believe to the core of your being in the justness of your client’s cause. If you subliminally communicate such a belief in everything that you do in
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Closing Arguments : STAY ON MESSAGE

It is a very effective form of communication to stay on message and repeat consistently a unified theme. In the opening statement, a theme of the case or theory of the case should have been developed.
The trial lawyer should harken back to his opening statement during summation and use some of the same language in discussing the issues. This so-called “echo effect” is very important in driving home a point. The Republicans are masters at staying on message and repeating their message constantly and
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CLOSING ARGUMENT: Practical Pointers For A Successful Result

What follows are excerpts from an article one of our lawyers wrote about Closing Arguments. We have previously posted Trial Techniques articles about effective cross-examination. As this article is broken ito separate parts, we will post the various subsections and suggestions in separate posts over the next several weeks. We hope this will be helpful to you if you are a practicing atorney and ,if a potential client, will give you insight into what a Trial lawyer should do to effectively represent your interests:
The
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Demonstrating The Intangible Value Of Life

In a wrongful death case, a jury will be instructed that they should return a verdict for the “full value of the life of the decedent.” This means not only any economic damages caused by a premature and wrongful death, but also “non-economic damages.” How is this calculated and how should jury be instructed to reach such an award? Interestingly enough, the jury will be instructed that they should rely upon their “enlightened conscious” in making such determinations.
If a 28-year old is killed
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Economic Damages In A Wrongful Death Case

As stated in earlier blogs, in Georgia, the measure of damages for a wrongful death is “the full value of the life of the decedent.” One component of the full value of the life of the decedent is the loss of earnings and loss of income. If a 28-year old dies while earning $40,000.00 per year and he/she will work until age 70 (which is another 42 years) one simple way to calculate the loss of wages would be 42 years times $40,000.00 per
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Wrongful Death Damages

When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
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Negligent Security Cases: Responsibility For Criminal Acts

Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
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Ford Recalls F-150 Pickups Over Airbag Problems

It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
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Innocent Pedestrian Killed During High Speed Police Pursuit

On February 5, 2012, a thirty-one year old woman was killed in a residential neighborhood as police officers were pursuing shoplifting suspects. The news accounts do not provide a great deal of information about what the suspects allegedly stole but tragically, again, the question arises in the context of these dangerous pursuits, is it worth risking a human life to apprehend a fleeing shoplifter? Could not other law enforcement techniques have been utilized to apprehend the suspects later, under much safer circumstances? Here, rather
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Motorcycle Accidents And The Need For Uninsured Motorist Coverage

In those situations where motorcyclists are involved in automobile collisions, as might be imagined, the injuries sustained can be rather serious. There is no protection other than the helmet for the motorcycle rider. If a motorist fails to yield right-of-way to an oncoming motorcyclist and fails to yield, the results tragically can be either death or very serious injury. What compounds the tragedy is the case where the at fault motorist has either minimum limits of insurance or no insurance at all. In such
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The Aftermath Of Tort Reform: Dealing With The Apportionment Statute

In 2005, the Georgia Legislature passed what is known as the Tort Reform Act of 2005. One of the statutes enacted is O.C.G.A. § 51-12-33(c). This provision of the law states that in assessing percentages of fault in any tort action, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was or could have been named as a party to the suit. Thus, in any tort
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Tort Claims Against State County And Municipal Governments

Any one who is injured by the acts or omissions of a government agency or employee should understand that there are some hidden traps that could defeat their claims if the law is not followed, in some cases, scrupulously followed. Here we refer to the ante-litem notice provisions required under Georgia law in order to perfect a claim against a government officer or entity. In certain circumstances, if a timely ante-litem notice is not filed, either with a city, county or state government, the
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The Impact Of Divorce On Wrongful Death Actions

A divorce is traumatic in and of itself but becomes particularly tragic when either during the divorce or after its conclusion the wrongful death of a child occurs. In such circumstances, the wrongful death claim belongs to the parents jointly. Either one, therefore, has the right to bring the wrongful death claim but if one proceeds unilaterally in doing so, they do so in a fiduciary capacity, meaning that if they ever recover anything, they must hold the monies in trust until such time
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The Impact of Pre-Existing Injuries On Personal Injury Case Evaluation

It is not uncommon in our practice to be asked to represent clients in automobile cases who have pre-existing conditions. The closer in time to an accident the pre-existing condition is, the more difficult it is to separate the proverbial “wheat from the chaff” and to prove that the client’s problems arising out of the current accident were either caused by that accident and/or were aggravated by it. While it is not necessary, as a matter of law, to prove that the new injury
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The Impact Of Contributory Negligence On A Personal Injury Claim

As lawyers we are often consulted by prospective clients inquiring about whether they “have a case.” Sometimes they do and sometimes they do not. Oftentimes those who do not have cases are themselves guilty of contributory negligence. In Georgia, this is a very difficult problem to overcome because typically juries are not as likely to award damages to someone who substantially contributed to their own injuries due to their own negligence.
A classic case of contributory negligence is where a motorist is approaching an intersection
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Assessing Damages In Serious Burn Injury Cases

Unfortunately, in the normal course of our law practice, we have encountered clients who have sustained serious burn injuries. These cases are always extremely painful for clients and oftentimes results in permanent disfigurement. Indeed, a burn injury is one of the most painful injuries anyone can sustain and unfortunately we have seen them arise in a variety of contexts, whether it be gasoline fires after automobile accidents, accidents within the home due to defective products and/or chemical burns sustained on the job.
One of
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Fatal Police Chase Results In Dismissal Of State Trooper

We read in this weekend’s news accounts that a Georgia State Patrol Trooper had been fired for failing to exercise “due regard” for the safety of the public while he was allegedly responding and on his way to aid another trooper involved in a high speed police chase on Interstate I-20. On New Years Eve, an innocent motorist was killed when this Georgia State Patrol Officer allegedly ran a red light and struck the vehicle occupied by the decedent.

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Another Police Chase Kills Another Innocent Person–the Wife of Atlanta Braves Trainer Jeff Porter

Too familiar is this week’s tragic story of how a police cruiser struck an innocent motorist and caused the death of Kathy Porter, wife of Atlanta Braves Head Athletic Trainer Jeff Porter.
Late Saturday afternoon, the Porters were among many fans driving to the Chick-fil-A bowl in downtown Atlanta–a short distance from the Braves’ home at Turner Field. A Georgia State Patrol cruiser–reportedly speeding on city streets to join a chase of a motorcyclist on I-20– crashed into the Porters’ Ford Expedition on the passenger
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