Dan Lykins Speaks on Evaluating and Arguing Damages in Personal Injury Lawsuits
The Center for Excellence in Advocacy hosted Topeka attorney Dan Lykins, Tuesday, September 9, 2003, as part of the 2003/2004 Lecture & Luncheon Series.
Mr. Lykins spoke about how to evaluate and argue damages in a personal injury suit. Mr. Lykins' primary advice to attendees was that success in life and lawyering comes from preparation. Mr. Lykins used his own cases, most notably, a soft-tissue automobile case that he presented to the American Trial Lawyers Association summer conference this year and the famous civil procedure case Schreiber v. Allis-Chalmers, 448 F.Supp 1079 (D. Kan. 1978), to illustrate the importance of thorough preparation.
Mr. Lykins also focused on valuable trial techniques that attorneys need to use in jury trials. For instance, counsel should get to know the jury and figure out how to appeal to their sensibilities. Attorneys should take the time to really get to know the client, educating them and candidily advising them throughout the process. To be a successful lawyer one needs to be more diligent, thorough and creative than opposing counsel. For instance, in small-town cases, Mr. Lykins often hits the pavement, using local resources to act as his jury consultants. Many times he has found his most effective jury consultants in local cafes, restaurants, and clubs. But in 31 years of a very successful practice, Mr. Lykins has not lost his humility, admitting, "Sometimes I'm the luckiest attorney in Kansas." This only proves the old adage, "Luck favors the prepared."
Michelle Sellberg contributed to this article.
