Analysis

How To Win A Trial With A Deceased Plaintiff

Law360, Los Angeles (August 30, 2017, 3:48 PM EDT) -- It’s one of the toughest challenges for litigators, and yet it requires a delicate touch: Using rhetorical skill, documentary evidence and grieving family members’ testimony to make a deceased plaintiff’s life, and loss, real for the jury, and thus win a substantial verdict on their behalf.

Although winning a trial for a decedent is still a matter of marshaling the facts like any other case, not being able to call a client into trial to testify on their own behalf and explain how they’ve been harmed to a jury poses a unique challenge when it comes time to ask the jury...

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