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Ten Factors in Analyzing Damages

Posted by attorney John Winer

This article attempts to highlight some of the key factors in play when analyzing damages in sexual harassment, therapist abuse and discrimination cases. It will not attempt to be an exhaustive discussion of the elements of damages incurred in those types of cases. This author has written substanti

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Again, the ten factors listed above are not meant to be exhaustive; however, the analysis of any given case utilizing the ten factors should help a plaintiff's attorney convey his or client's situation to a jury and should lead to further areas of inquiry which will help the attorney to understand the client's pain and convey that pain to the jurors who, ultimately, may be in a position to help the plaintiff recover from his or her injury with a large monetary award.
1. "Understanding Causation: The Key to Evaluating Psychological Injury Cases," National College of Advocacy Syllabus on Recovering for Psychological Injuries, 1990; "Helpful Hints on Litigating Therapist Abuse Cases," CTLA 30th Annual Convention Syllabus, 1991; (Consultant), Chapter on "Medical Negligence - Psychotherapist Sexual Contact with Client," 14 AMJur Proof of Facts 3d. 319, 1991; "Five Critical Ideas for Maximizing Damages in Psychological Injury Cases," SFTLA Psychological Injury Seminar Syllabus, 1992; "How to Succeed in Psychological Injury Cases," CTLA 27th Annual Tahoe Seminar Syllabus, 1992; "Tips on Arguing Damages in the 90s," CTLA 28th Annual Tahoe Seminar Syllabus, 1993; "Emotional Distress: Arguing What You Cannot See," CTLA 36th Annual Convention Syllabus, 1993; "An Overview of Handling Therapist Malpractice Cases: Sex, Drugs, Suicide and Bad Therapy," CTLA 29th Annual Tahoe Seminar Syllabus, 1993; "Legal Strategies for Representing Psychologically Injured Plaintiffs," CTLA 33rd Annual Convention Syllabus, 1994; "Ten Simple Steps to Success in Litigating Therapist Abuse Cases," CTLA Forum, 1994; "Understanding the Dynamics of the Attorney Client Relationship in Professional Abuse Cases," CTLA Seminar Syllabus, 1994; "Creative Techniques for Maximizing the Settlement Value of Your Case," CTLA/SFTLA Advanced Settlement Techniques Seminar Syllabus, 1994; "Emotional Distress Damages in Wrongful Termination Cases," CAOC 34th Annual Convention Syllabus, 1995; "How to Convey Mental Distress to a Jury: The Psychology of Suffering," CAOC 31st Annual Tahoe Seminar, 1996; "Understanding the Overlap Between Cognitive, Physical and Emotional Injuries," CAOC Convention Syllabus, 1996.
This article was authored by John D. Winer. Winer, McKenna & Burritt, LLP
specializes in catastrophic physical, psychological injury cases and wrongful death cases. The firm handles a significant number of catastrophic injury, traumatic brain injury, elder abuse, sexual abuse and harassment, post traumatic stress disorder and psychotherapist abuse cases. Please visit for more information or for a free online consultation.

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