The second edition of The Domino Theory has thirteen new chapters, including new examples and strategies for dealing with minor impact soft-tissue and auto crash cases, discovery, cross-examination, and damages. Capozzi does more than expand upon new ways to win your cases using the domino theory, he also shares many of the other methods he’s used to obtain hundreds of settlements and verdicts of six and seven figures in cases ranging from soft-tissue injuries to wrongful death.
In The Domino Theory, Capozzi shows how each part of your case is a domino—one step in a cause-and-effect cascade. He takes you through client intake, prelitigation, discovery, and trial and shares how to demonstrate all of the elements you need to prove a personal injury case to a jury: negligence, your client’s injuries, permanence, the preponderance of the evidence, damages, and proximate cause. Additionally, Capozzi explains how to set up your case presuit and during the discovery process to collect the facts and evidence that you’ll ultimately use at trial to prove your case.
Over the course of 48 chapters, Capozzi shares insights and ways to successfully approach the following issues and more:
- Interrogatories
- Depositions (including the discovery deposition of a defense medical expert)
- Defense medical exams
- Settlement and mediation
- The pretrial exchange
- Going to trial
- Opening statement
- Common soft-tissue injuries
- Damages in opening statement
- Direct examination of the plaintiff
- Direct examination of the plaintiff’s physicians
- Proving economic damages and past and future medical bills
- Using demonstrative evidence to prove medical damages
- How to effectively use objective medical evidence
- Cross-examining defense medical experts (including preparation, qualifications, and using medical literature and the expert’s prior reports)
- The verdict sheet
- Summation
- Demonstrations for auto accidents, premises liability, minor impact soft-tissue cases, damages, proving negligence against a trucking company, and cases with multiple acts of negligence
In The Domino Theory, Capozzi presents a robust framework for practicing trial law, humanizing each case, and building credibility to keep the jury invested. With discussions and examples on soft-tissue injury, car accident, medical malpractice, premises liability, and trucking cases, Capozzi provides a detailed method for obtaining just settlements and winning verdicts for your clients.
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Foreword
Introduction
1. You
2. Your Client
3. Customize the Case
4. Collecting the Dominos
5. Interrogatories
6. Depositions
7. Defense Medical Exams
8. Discovery Deposition of the Defense Medical Expert
9. Settlement and Mediation Packages
10. The Pretrial Exchange
11. Going to Trial
12. Opening Statement
13. Discussing the Accident and Treatment in Opening Statement
14. The Elements
15. A Preponderance of the Evidence
16. Common Soft-Tissue Injuries
17. The Diagnosis
18. Soldiers and Tanks
19. Damages in Opening Statement
20. Proving the Plaintiff’s Case
21. Direct Examination of the Plaintiff
22. Direct Examination of the Plaintiff’s Physicians
23. Proving Economic Damages: Loss of Earnings
24. Proving Past and Future Medical Bills
25. Using Demonstrative Evidence to Prove Medical Damages
26. Objective Medical Evidence
27. Preparing to Cross-Examine the Defense Medical Expert
28. Cross-Examining the Defense Medical Expert’s Qualifications
29. A Reasonable Degree of Medical Probability: Cross-Examining Defense Medical Experts
30. The Collateral Attack: Cross-Examining Defense Medical Experts
31. Cross-Examination of a Defense Dentist
32. Cross-Examining Medical Experts with the Literature
33. Cross-Examining the Defense Medical Expert with Their Own Prior Expert Reports
34. The Verdict Sheet
35. Summation
36. Picasso and Damages
37. Disproving the Defendant’s Case
38. Adding Pre-Negligence Dominos to Disprove the Defendant’s Case
39. Making Dominos for Your Case
40. Domino Theory Demonstration One: Auto Accident
41. Domino Theory Demonstration Two: Auto Accident Including Damages
42. Domino Theory Demonstration Three: Premises Liability
43. Domino Theory Demonstration Four: Proving Proximate Cause of Lost Wages
44. Domino Theory Demonstration Five: Minor Impact Soft Tissue Cases
45. Proving Negligence against a Trucking Company
46. Proving Proximate Cause with Two Consecutive Acts of Negligence.
47. Domino Theory Demonstration Six: Two Consecutive Acts of Negligence
48. The Agony of Defeat
Appendix
Acknowledgements
About the Author