The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Friday, July 09, 2004

Eliminate time wasters from your damage case

As economic experts who deal with attorneys on a very regular basis, we have noticed that the most precious and scarce thing for most attorneys is time. Most plaintiff attorneys for example are juggling an incredible number of cases, deadlines, and meetings. It is safe to say that there are few, if any, professions with the same level of demands on a person's time.

The amount of time spent, and unfortunately many times wasted, by an attorney who handles a number of cases that involve economic damages can substantial. The amount of wasted time could actually be even higher for an attorney who only does a few damage related cases a year because they tend not to be as familiar with the required documents as attorneys who handle these types of cases a lot.

How can you eliminate time wasters from your damage case?

A: Adopt a streamlined approach for collecting and handling the documents required to prove up the plaintiffs economic damages. A streamlined approach means:

1. Develop a checklist of the documents that you need to get during discovery.

2. Make a list of the questions that you need to ask at a deposition of the relevant persons. For example in an injury case, list all the questions that you will need to establish (or probe) the level of household services performed by the plaintiff before and after the accident.

3. Consult with someone familiar with the economic damage particulars in your case, as early as possible in the case. This initial 'discovery' could be as simple as sending a damage checklist to the plaintiffs (or asking the plaintiffs employer about benefits).

4. Think about economic damages as early as possible in your case. Too many attorneys, even ones representing the plaintiff, we work with only think about damages as an after thought. Thinking about damages early tends to produce more credible economic damage assessments.



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