Best Practices with Kenny Berger

When Valeri Malone first brought the case to Brian Ward, the insurance company maintained that only $100,000 was available. But that was only the beginning of the problem. Their client, Berkeley, had been abused at daycare when she was just 22 months old. She was too young to explain what had happened to her, there was little contemporaneous medical documentation of her injuries, and the carrier was relying on an abuse exclusion that Valerie and Brian believed conflicted with Texas law. In th...

Most trial lawyers know how to celebrate a win. Monte Tynes has spent just as much time thinking about what to do after a loss. After a defense verdict in a birth injury case, Monte and his team developed a 20-part root cause analysis of the loss, reviewing the case from intake through trial to identify what went wrong, what could have been prevented, and what needed to change before the next case. In this episode of Best Practices with Kenny Berger, Monte shares how that process has changed ...

Several firms passed on the case. The physical injuries were relatively minor. There was little medical treatment, a significant preexisting trauma history, and no plaintiff expert willing to connect the incident to a specific medical outcome. Then a focus group saw something different. In this episode of Best Practices with Kenny Berger, Virginia trial lawyer Sharif Gray breaks down the $20 million verdict his team obtained for a child who was mistreated at a residential psychiatric facility...

Every case that reaches trial has problems. The question is what you do with them. In this episode of Best Practices with Kenny Berger, trial lawyer Russell Pate breaks down the strategy behind a $7 million premises liability verdict and the difficult facts that made the case anything but straightforward. Russell shares how he confronted weaknesses instead of avoiding them, built the case around a clear safety principle, and found compelling ways to prove damages even when the traditional evi...

Most lawyers build damages by documenting what their client earned. Andrew Robb explains how to build damages by proving what your client still could have become. In the 100th episode of Best Practices with Kenny Berger, Andrew shares the framework his firm has developed through decades of catastrophic aviation litigation to uncover, develop, and present damages that many lawyers never think to pursue. Rather than stopping with employment records and economic projections, he explains how to i...