Don't neglect damages at trial.

Damages should never be an afterthought. Don't exhaust yourself fighting liability and assume that because your client's injuries and damages are less in dispute, the jury will figure out the right thing to do. A few key principles can help.

* Know yourself and be yourself. Don't be afraid to show that, as someone who represents seriously injured people, you care about others.

* Know your client. You must deeply understand your client's cause, which takes time and empathy. Spend quality time with your client at his or her home.

* Always tell the truth. Be honest and open with the jurors. If you're afraid they will blow something out of proportion or misunderstand something, tell them so.

* Show that the plaintiff is a worthwhile person who needs the jurors' help.

* Help the jury understand the purpose of money damages. Explain why the law provides a negligently injured victim the right to be restored to the position he or she was in immediately before the injury.

* Embrace money damages as a worthy outcome. Damages are a civilized society's way of righting wrongs. Without them, we would be fighting duels and gouging out an eye for an eye.

* Establish liability first. Then talk about injuries, and then resulting damages. This applies to your opening statement as well as the order of witnesses at trial.

* Explain three basic types of damages in terms that focus on the jury's role of fixing (lost wages and past medical bills), helping (future therapies), and making up for losses (quality of life).

* Take care not to overexpose the plaintiff. Consider having your client leave the courtroom for most of the trial, and explain his or her absence to the jury.

Patrick A. Malone

Washington, D.C.