How Personal Injury Attorneys & Serious Injury Lawyers Present Damages in Catastrophic Injury Cases

Personal injury lawyers commonly are consulted by a potential client who has been seriously injured or who has suffered catastrophic injuries as the result of the breadth of negligent conduct, from an auto accident or bicycle or pedestrian or motorcycle accident to medical malpractice, a product defect, food poisoning, or a defect or failure to maintain commercial or residential premises.

While “liability” in some cases may be simple, such as the auto accident lawyers establishing through witness testimony that the defendant driver ran the red light, the presentation of the damage case in every serious injury case is complex. Specific injuries sustained in auto accidents or premises liability cases, such as traumatic brain injury (TBI) or spinal cord injuries resulting in paralysis, quadriplegia or paraplegia, and the resulting loss of enjoyment of life, can be as complex to present by personal injury lawyers as the evidence of Hemolytic Uremic Syndrome HUS in a food poisoning case, or cerebral palsy in an obstetrical medical malpractice case.

Furthermore, speaking again just in terms of the client’s “general damages,” the personal injury lawyers must use appropriate strategies to convey to the settlement judge or jury the life consequence of the serious injuries. Many personal injury attorneys refer to “general damages” as “pain and suffering,” but often the most persuasive strategy can be framed in terms of “loss of enjoyment of life.” One way that lawyers will present their clients general damages is by eliciting the testimony of the client, his family and friends, as well as photographs and home movies demonstrating all the activities that the client enjoyed most in his life before the accident, juxtaposed against a “Day in the Life” film, commissioned by the personal injury lawyer to demonstrate the courage of the seriously injured client as he confronts all of the obstacles and challenges presented by his daily life.

The personal injury lawyer must also present the client’s “special damages” including his past and future medical expenses and past and future loss of earnings or earning capacity. Past medical expenses are often easy to prove, simply gathering and summing all medical bills accumulated from the date of the accident through the date of the settlement conference or trial. Future medical expenses are much more complicated for personal injury attorneys to present, usually requiring the testimony of a number of medical experts, a life care planner and a forensic economist. Very briefly, the life care planner consults with the treating and the medical experts hired by the serious injury attorneys to arrive at the client’s life expectancy and itemize all of the medical expense, from additional surgeries to convalescent home or rehabilitation expense, to replacement prostheses or wheel chairs to medical supplies that the client will require over the course of his life expectancy. The personal injury lawyer will the present the “life care plan” to a forensic economist who will increase the individual costs over the time period using medical cost inflation statistics and then reduce the total to present value.

In the simplest of cases, involving the hourly wage earner, for example, the measure of past loss of earnings might be relatively easy to calculate, but the measure of future loss of earning is always complex. Again it requires the personal injury lawyer to engage a number of experts, including medical experts, and most importantly a “vocational rehabilitation expert” and forensic economist. The measure of future loss of earnings or earning capacity is the “net” loss, and so the vocational rehabilitation expert generally meets with the client, speaks with the clients physicians and the medical experts selected by the serious injury lawyer, reviews the clients transcripts from the schooling or advanced education he has received, and then provides a report to the lawyer describing the occupations for which the client is, subsequent to the accident, is disqualified to participate in, and the occupations for which he remains qualified. Depending on the client’s injury, there may also be a substantial difference between the client’s “work life expectancy” before and after the accident. The serious injury lawyers then provide the vocational rehabilitation experts report to the forensic economist, who in turn employs wage rate increase statistics, for the client’s occupation before the accident, and in those industries for which he is still qualified to be employed, if any, and applies general inflation statistics to the gross total loss of future earnings to discount to present value.

Please understand that above our California personal injury lawyers have discussed only the “simplest case” of the hourly wage earner. Presenting future loss earnings, for example, can be much more complicated, for example, in cases in which the client was a business owner. For a more complete discussion of the presentation of damages in serious injury cases, you are invited to consider How Serious Injury Lawyers President Damages in Catastrophic Injury Cases In that article we go into much more depth in explaining how serious injury attorneys present general damages and special damages, including in particular, future medical expenses and future loss of earnings.

It is a challenge for personal injury lawyers to properly and adequately present the damage case of the seriously injury client. It is a challenge that must be accepted by attorneys who regularly prosecute complex cases, such as medical malpractice, food poisoning or pharmaceutical product liability cases, as well as auto accident lawyers and premises liability attorneys alike. The special damage issues, which are the commonly the most complex, are the regardless whether the underlying liability is a simple auto accident or complex medical malpractice case. And the damage case requires equal attention, regardless of the underlying liability, by the personal injury lawyer who undertakes any serious injury case.

How to Effectively Present All of Your IT Skills

Effectively present all of your IT skills with the IT Technical Skills Summary – an exceptionally powerful document that should form part of every resume submitted.

The IT Technical Skills Summary ensures that every IT skill you have acquired – computer software, computer hardware, applications software, and so on, will be indexed in resume databases or viewed by hiring managers or recruiters. It will prove to be a valuable tool in helping you to get the job interview that will lead to the right job.

The layout uses 4-columns to allow you to effectively present a complete, quantified, qualified, very easy to read, summary of the IT technical skills and experience that you have acquired over the course of your career.

The 4-column layout enables an employer to quickly scan, in a matter of seconds, the complete document to see if you have the technical skills and experience that they need.

Resume databases are used by most recruiters, headhunters and employers. Every word – every skill – that is included in a resume is indexed when your resume is added to the database. If the skill or experience is not inlcuded in your resume because you have edited your resume down to one or two pages then vital skills that may get you interviewed are missing.

The IT Technical Skills Summary ensures that your resume is database ready and that each and every skill that you have worked so hard to acquire will be indexed when your resume is entered or scanned into a resume database.

When is searched is done for a required skill, or set of skills, your name will be part of the top search listings – if your skills match the skill-set needed.

Your acquired skills are what make you unique and of potential value to an employer. Differentiate yourself. What is considered an acquired skill? Just reading a book about something does not count as an acquired skill.

Generally, to be considered “acquired” the skill has been used in a work environment, in unpaid work done for a volunteer organization or learned through formal instruction in a school, college, university or on-the-job training. Of course, there are always exceptions and the skill could have been acquired through self-study and work.

People are constantly bombarded with the idea that a resume should only be one or two pages long. Nonsense. The number of pages required will depend on how long you have been working and how many skills you have acquired. The greater the number of years worked and the greater the number of skills acquired, the more pages required.

It cannot be too long if the IT Technical Skills Summary includes the skills that you have acquired over the course of your career.

You need to present your skills so that employers and recruiters know that you have them. You have worked hard and made a large investment of time and money to acquire your skills.

So get out your pen and begin to write down every skill that you have acquired and prepare your own IT Technical Skills Summary.

Richard E Ward is a Sounding Board, Communications Consultant,Guide who uses his eclectic experience in life, business, government and holistic healing to help his clients. He has more than 40 years experience as a personal coach, guide, sounding board, author, political organizer, communications consultant, business owner, headhunter and shamanic practitioner.

How to Give a Winning Presentation – 6 Great Tips

Children in grade school are giving presentations. High school students are doing them with PowerPoint. In every company, organization, social gathering, and team meeting, there are more opportunities and expectations to speak in front of a group. Some fear presentations. Others just need help in how to give a presentation that engages the audience and achieves its goal.

It’s not that hard, but there are many steps. Write a clear key message. Develop the outline. Generate the content of your presentation, create your visuals, carefully consider your conclusion, rehearse your opening, then edit and practice.

1. Develop a clear key message

One of my most frequent comments is this: What are you really trying to say? I’m not sure I’m getting it. The volume of data and information often fogs the real message.

An average person’s attention span is typically 7 minutes before the mind wanders off. Listening and processing what we hear requires a lot of cognitive energy. Listening is hard – even harder if it’s later in the day, if other priorities are clouding your brain, if you’re hungry, have a backache, or need to use the washroom. Obstacles like a noisy room or not being able to clearly see the presenter can whittle those potential 7 minutes of attention down to 3.5 minutes.

Ask yourself, if someone surveyed the people who were in your presentation with the question, what was the speaker’s main message? Would you get an 80% consensus? If 80% of your audience can’t repeat it, then your key message wasn’t clear enough. So with that in mind, develop a clear and succinct message. Repeat it more than once.

Help your audience hear your key message. You can preface your remarks by saying something like: I want you to take away an important key message and this is it…

2. Make your opening remarks memorable

You want your opening remarks to hook the audience and engage them immediately. You can do this in many ways: highlight their need to hear what you have to say; share a surprising statistic/number/dollar figure; deliver a short anecdote; tell a human interest story. These are just a few ideas for making your opening dynamic.

I often advise my clients to develop their opening remarks at the end of writing the presentation. These first moments are so important and they’re easier to write after everything else is finished.

Practice your opening remarks many times, out loud and standing up. You should be entirely fluent without reading or looking at notes. If your opening goes well, the rest of the presentation will follow in the same way.

3. Engage the audience

If your audience isn’t engaged, who are you talking to? They may look like they’re listening, but their minds could be on the golf course. Keep focusing on how to engage them. Make your delivery impactful, your slides simple and clean, and your stories amusing or dramatic. Your eye contact and voice should reach out and bring them in.

Here are a few strategies that will help: get them to ask or answer questions; praise them; reference current events; show strong visuals; talk about the competition; move; use a louder voice; and use humour carefully. Always be politically correct or you may disengage the audience.

4. Persuade them with forethought & strategy

If your goal is to persuade your listeners into accepting an idea, buying a product or service, or changing their mind, focus on how to persuade them rather than the benefits of what you’re selling.

Here are some strategies that help persuade people: think about them first and how you’ll address their needs; appeal to emotion; begin your presentation with their most pressing issues; sell solutions to their problems; describe what might happen if they don’t buy into your idea; be excited.

5. Deliver with impact

How do we demonstrate as well as inspire confidence in our audience? We do it through strong body language. We all know that body language speaks louder than words. So to answer the question: how do I deliver a strong presentation? The answer must include a focus on body language. Think about developing your best interpersonal skills.

Body language, also called non-verbal communication, is comprised of five main elements: Voice, gesture, posture, eye contact, and distance. After that comes grooming, dress, and hygiene. All of these elements are critically important to the success of the presentation. As in any interpersonal skills training, our goal is to communicate effectively with our verbal and non verbal messages.

Think about using: a louder than average voice; speech that has lots of inflection; natural hand gestures and facial animation; posture that is grounded and purposeful whether standing still or moving; and meaningful eye contact. Ask your friends for honest feedback. Drive your body language to inspire confidence in your audience.

6. Conclude with conviction

Plan your concluding remarks. Don’t wing it. Make your conclusion distinct from the body of your presentation by announcing, In conclusion… This alerts the listener to refocus. Likely you will repeat your key message at this time. If they didn’t get it before, they will catch it now.

Consider what you want the audience to do after your presentation. Ask them directly. Outline the next steps and attach a timeline. This lends some urgency to a persuasive presentation.

End with conviction. Avoid phrases that sound hesitant or tentative, such as:

I hope I… Unfortunately we’re out of time… Possibly… Maybe you learned something today…

Instead use strong, concluding phrases, such as:

Just imagine when… I know we can achieve… I’m confident that… Let’s focus on…

The answer to how to give a winning presentation is a long and complex one. The strategies I’ve shared will help you achieve success when standing in front of an audience. You’ll feel the incredible rush that comes when they are listening, nodding, and smiling. That’s one of the perks that come with a mastery of presentation skills.