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Loss in Injury and Death Matters

By Chad L. Staller

In litigation, the analysis of damages ' what was lost as the result of the tort or breach ' often takes a back seat to the analysis of various facets of liability. This can be particularly true in medical malpractice matters, where liability issues tend to be complex. Much time and effort is invested in determining fault, while damages analysis is too often left until the last minute.

However, careful attention to all the elements of economic loss, and careful discovery on damages, is essential in ensuring a fair recovery that compensates the plaintiff for what was actually lost. A thorough analysis will help to uncover elements of damages that might be overlooked and can also highlight elements in a claim that might overstate loss. By engaging in damages discovery early and by considering each element of loss to each plaintiff, each side can be fairly certain that the damages case will be accurate and compelling when presented in settlement negotiations and at trial.

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