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.  An 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.