Juries award large verdicts in personal injury cases based on four main factors: the justification of the case facts, the attorney's ability to effectively communicate the impact of injuries, the plaintiff's likability and demeanor, and the necessity for the jury to believe the plaintiff's testimony. Each of these elements plays a crucial role in the jury's decision-making process.
In the realm of personal injury law, the perception of juries awarding large verdicts can often be misunderstood. Contrary to the belief that juries treat these cases like a game of chance, a seasoned trial lawyer explains that juries are attentive, thoughtful, and focused on the facts, law, and evidence presented to them. Here, we explore the four main reasons why juries may award significant damages in personal injury cases.
The first reason juries award large verdicts is that the facts of the case must justify the amount being claimed. Unlike tangible items, such as a damaged Picasso painting, where an appraiser can easily quantify the loss, personal injury cases are inherently more complex.
In these cases, attorneys must effectively convey to the jury how the injury has impacted the plaintiff's life. This includes:
To support these claims, attorneys often rely on expert witnesses, such as doctors and economists, who can help create a life care plan that outlines the future implications of the injuries sustained. This evidence is crucial, especially in cases involving permanent injuries that will affect the plaintiff for the rest of their life.
An attorney's ability to communicate the impact of the injuries is vital. Even with compelling evidence, if the attorney is uncomfortable discussing monetary compensation, it can hinder the case. Many attorneys shy away from directly asking juries for specific amounts, believing it may undermine their credibility. However, it is essential for attorneys to clearly articulate the financial compensation needed to address the plaintiff's pain and suffering, future medical expenses, and lost earnings.
The attorney must break down the request into understandable components, such as:
Another significant factor influencing jury verdicts is the plaintiff's demeanor during the trial. Jurors are more likely to award larger sums if they find the plaintiff likable and respectful. This includes:
Respect for the court and the legal process is paramount. Jurors look to the judge as an authority figure, and any disrespect shown can negatively impact the jury's perception of the plaintiff's credibility.
The final and perhaps most critical reason juries award large verdicts is their belief in the plaintiff's testimony. Credibility is essential; if jurors find any part of the plaintiff's testimony to be untrue, they can discredit the entire case. This means that even a small lie can jeopardize the plaintiff's chances of receiving compensation, regardless of the severity of their injuries.
Honesty is crucial, even when the truth may not seem favorable. A plaintiff who is transparent about their circumstances can still achieve a favorable outcome, while any dishonesty can lead to a complete dismissal of their claims.
In summary, juries award large verdicts in personal injury cases based on a combination of factors: the justification of the case facts, the attorney's ability to communicate effectively, the plaintiff's demeanor, and the credibility of the plaintiff's testimony. Understanding these elements can help both attorneys and plaintiffs navigate the complexities of personal injury trials and work towards achieving just outcomes.
