Ease the Juror's Worries About Determining Damages
I recently learned of a website for defense trial consultants Trial Behavior Consulting. They have a number of articles and presentations they’ve given. Most of the information matches what I already know and shows how to exploit the information from the defense side. Sarah Murray identifies some concerns that jury members have in her article Strategies for Minimizing Damages:
- Do we really have to make the decision about money?
- How can we decide what to award?
- Won’t the judge determine the amount?
- Won’t you give us guidelines?
- How can I possibly put a value on a human life?
By helping the jurors determine how to come to an amount, you will be easing their anxieties and helping to get a larger verdict. Let the jury know that you will show them how to calculate and come up with a number. Tell them that the amount of damages should equal the amount of harm.
Hi there, I'm the author of the article you cite. Thanks for the link! I would appreciate my name being mentioned as the author, since you quote it, if that doesn't violate any tenets of your blog.
I also wanted to clarify a couple of things: Our site is not directed at trial consultants, but at trial lawyers and litigation clients who want to better understand what affects juror verdicts and how to craft more persuasive cases. Also,I do not consult only for the defense, nor do my colleagues at Trial Behavior, although we do work more often for defendants in cases where individuals are suing large entities. I feel strongly about the importance of working for both plaintiffs and defendants in civil suits because as a trial consultant, my job is not to be an advocate but to be an objective evaluator of a case. In order to help a client craft a more persuasive case, I must be able to look at the case from the opponent's point of view and spot the weakensses and bad facts. My ability to do this is sharpened by working for both plaintiff and defense. I respect client confidentiality and have some client loyalties that shape my choice of cases, but within those obligations, I am still able to work on a wide range of cases for both plaintiffs and defendants.
Your blog looks really well done - I'm looking forward to further browsing on it.
