Our founding partner, Mark Bringardner, was recently interviewed by attorney Kenny Berger on Kenny’s Best Practices podcast, where he shares his experience in presenting an injury victim’s non-economic damages to a jury. The discussion is insightful to all listeners, and especially trial lawyers. The Best Practices podcast is a legal podcast that delves into the strategies and tactics that lawyers have used and can employ in their practices to produce extremely successful results for their clients.
In the interview, Mark explains the components of an effective closing argument and shares insights into various ways to appraise the value of pain and suffering, loss of enjoyment of life, and other non-economic damages. This overarching question hangs over many personal injury trials. Mark uses his wealth of experience to shed some light on the ways to help a jury understand how intangible damages can be measured. To gain more of an understanding of Mark’s experience, take a look at some of his most notable verdicts and settlements.
Formulas and Damage Calculation Scenarios
One of the things that Mark cites as a good method for calculating damages is giving the jury several models to work with. He explains models that utilize per diem and minimum wage. For these examples, he explains that the per diem model helps calculate how certain injuries can be assigned a value for each day they are endured by the individual. The minimum wage model multiples the rate (or negotiated rate) by the plaintiff’s number of waking hours, 365 days for a year, and life expectancy.
However, he also notes that each of the varying models works best when they are used in tandem with measuring sticks that help to justify the amount proposed to the jury. He notes that to appraise and calculate the value of an individual’s harms and losses, it is helpful to provide the jury a clear understanding of what his client’s life was like before the injury and explain what has been taken from his client through the careless actions of another person or company. The podcast episode is truly insightful and well worth the listen.
Find the details about the episode below and learn more about the ways you can tune in to listen:
Best Practices with Kenny Berger Ep. 2 | Making The Ask: Putting Dollars on Damages in Closing Arguments | Attorney Mark Bringardner
Best Practices on Apple Podcasts
Best Practices on Google Podcasts
If you have suffered an injury or lost a loved one due to someone else’s negligence, please give us a call today. Mark Bringardner’s exceptional legal skill and expansive jury experience will be utilized to help you with your case. Call us today!