Section 44 Practice Pointers

• Library: Damages 2012

It does not behoove a plaintiff’s attorney to suggest a deviation from an approved jury instruction when the result will likely lower the damages awarded the client. But if the plaintiff’s attorney does not tender a modified MAI directing the jury to express future damages at present value, the attorney may consider, in any event, limiting the evidence of future damages to present value and making it clear in the presentation of the evidence that the number represents present value. Thus, faced with a...