Tell Jurors Why You're Showing Them Damages
David Ball says that sometimes jurors get upset at damages witnesses saying “Why are they telling me that the guy had such a hard time?? They’re just trying to play on my sympathy and tug on my heart strings.” and will rebel against that. The solution? Tell the jury why you are showing them this information. Start with your opening statement. Let the jury know why you are going to show them the damages information.
“We’re going to be showing you what Joe went through. We won’t be doing this to get your sympathy, the time for sympathy is long past, we are here for compensation. We expect that the most important job you have on the jury is to decide how much money this case is worth. The most important job will be to determine the level of losses and the levels of harms that Joe has. We’re giving you that information so you can determine that.”
Let the jury know that:
- You are NOT attempting to tug at the heart strings.
- Damages are central to the case. That they need this information, it’s important to the case, important to their decision and they it to do their job.
I agree with David on this. I remember a Budweiser commercial at the last Super Bowl where it showed a soldier coming home from overseas being greeted by his family. It was very warm and touching, but had nothing to do with beer. Being retired military it hit a nerve that they would use the sacrifices of young soldiers and their families to sell beer. It seemed gratuitous and out of placeand it angered me.
