Curious to know your best arguments to justify high general damages when objective injuries/med specials are relatively small. I.e., clients with chronic pain, headaches, etc. who choose to just live with their new normal rather than get ongoing pain mgmt that only provides intermittent, temporary relief. I've read David Ball on Damages, but if you have any links to other great articles or resources, or just have thoughts of your own that work well, I'd appreciate your input! Thank you.

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Sometimes I compare a high future damages demand for relatively minor injuries to a bad toothache. If you have a bad toothache for a day and had to put a dollar value on it, maybe that’s worth $200. Now imagine if you had that toothache everyday for the rest of your life (i.e 30 years) and couldn’t get rid of it. $200 x 365 days x 30 years is $2.19mil. You can easily conceptualize a days pain being worth $200, and that type of analogy takes the sting off of asking for a large amount of future pain and suffering for an injury you wouldn’t necessarily think of as being worth over $2mil.

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It's all about stories. I pull the jury instruction and for each area of damages (pain, mental suffering, inconvenience etc..) I ask my client to give me a personal story and a witness that can testify to said story. Then we do a per diem or monthly for the rest of their life (may not be allowed in your jurisdiction)

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Check out anything by Keith Mitnik

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You should send him/her to specialized doctors to get medical treatment recommendations. Their recommendations alone will increase the value of your case, even if your client ultimately decides not to go through with the recommendation(s).

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The above post. Depending on your state and what type of personal injury it is you can easily do the living with pain for every minute of every 24 hours for every day they are expected to live.

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Consider making it a general damages case alone. Don’t bring in the specials. Many attorneys in my jurisdiction have been successful with this strategy at trial. Low medical bills always anchor juries to award low generals.

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Some attorneys just nonsuit the bills and just go off the testimony of the client and doctor as to the chronic pain.

have you done any research on TBI and proving it? Read up on Steve Gursten and how he handles cases.

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