Like the old-time comic Rodney Dangerfield, personal injury cases too often
"don't get no respect." When serious injuries or wrongful death are
involved, however, successfully trying a personal injury case can become
very tricky, in no small part because juror emotions usually run high.
Understanding the factors that drive jurors' emotional reactions is vital to
crafting a successful case presentation on either side. On the defense side,
alternative causation arguments can be one way of successfully defending a
case and testing out these alternative theories can be of great help in
finding out how to present such theories in a way that fully educates and
yet does not offend.Damages issues are
also front and center, whether or not the defense is contesting liability.
Knowing how to identify and eliminate low damages jurors, if you are
plaintiff, or how to identify and eliminate high damages jurors if you are
defense, is essential. You also need to understand what experiences or
attitudes predispose jurors to react with high emotion and/or high
defensiveness to the case facts. And effective argument on damages can mean
the difference between a win and a loss for your client, whichever side you
represent.
In addition to consulting on personal injury
litigation in the context of product liability, toxic tort, and medical
malpractice liability, Trial Behavior has extensive involvement in personal
injury litigation involving auto and truck accidents as well as premises
liability. Most often, we assist the defense on cases where there is a weak
liability argument but a sympathetic injured plaintiff. Clients need to know
the risks involved in going to trial, the range of likely damage awards, and
how to handle the natural feelings of sympathy jurors will have toward the
plaintiff. |
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Are you a
defendant facing a high damages trial? This paper might help. |
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