TRIAL
ATLA Logo Member Resources


TRIAL

search  



Damages

September 2002 | Volume 38, Issue 9

Caps on damages: adding injury to injury
Robert S. Peck

State laws limiting the damages that juries can award may deny plaintiffs the compensation they need to cover medical expenses and other injury-related costs. And defendants are less likely to change their irresponsible practices if the price they pay for wrongdoing is negligible. Plaintiff attorneys can combat the laws with constitutional challenges.

What good will money do?
Richard D. Lawrence

One of your most important jobs as a plaintiff attorney is to convince jurors that although a monetary award cannot take away your clients suffering or replace what was lost, it will help ensure the quality of the persons life.

Draw a map through the desert
Bryant L. Welch

Depression isnt just the blues. It is a desperate trudge across unforgiving terrain, made more arduous by anguish and exhaustion. Jurors who understand your clients depression will be more inclined to award damages for his or her intangible, and often dismissed, suffering.

When a child is your client
Don C. Keenan

A young, catastrophically injured plaintiff will not have a "normal" childhood, but he or she can live a good life given the right resources. To secure justice, have the jury consider the youngsters injuries—and potential—from the childs perspective.

Insurance write-offs and the collateral source rule
Douglas Rallo

Some courts allow plaintiffs to recover the full billed amount of their medical expenses, even if part of the bill has been written off under an agreement between the health care provider and the plaintiffs insurer. Learn the case law and the strategies to use in this area of litigation.

Features

ATLA officers for 2002-2003

ATLAs new officers introduce themselves and their goals for the coming year.

One year later

The terrorist attacks last September shook the nation. Three attorneys tell how that day and its aftermath affected their lives and the practice of law.

News & Trends

Supreme Court approves state review of HMO decisions; Congress stalls

Physician suits against HMOs target unfair business practices

Safety groups sue over tire pressure regulation

Ninth Circuit revives radiation-exposure litigation

Worker too old to receive benefits cannot claim discrimination

Generation X generous with damages, study shows

Parent cannot sign away childs rights, Colorado court rules

City can sue gun makers under public-nuisance theory

TRIAL wins two awards

Departments

Presidents page
Make a difference

Washington focus
Forming friendships across the aisle

ATLA code of conduct

Supreme Court review
A plaintiff-friendly standard for civil rights cases

Reflections
Ten steps to a successful mediation

Law office technology
Is your word processor spilling secrets to your opponent?

Good counsel

Discoveries

Quotes

Books

Legal Writing: Form & Function
by Jane N. Richmond

God Knows No Heroes
by Norman Shabel

Classifieds

Classifieds

Frequently Asked Questions about TRIAL | Past Issues of TRIAL

Send your comments and questions about the online version of TRIAL to us at trial@justice.org

Balancing the Scales of Justice
American Association for Justice
Contact Us  |  © 2008 AAJ Terms and Conditions of Use  |  Privacy Statement