have learned which damages make the strongest impression on jurors and the best way of setting out those damages. You can test out damages evidence, sample damage calculations, theories of damages and much more. There is truly no question about damages (or liability) which cannot be put before a panel of mock jurors for their exploration in a focus group. I learned in one case in Allegh-
eny County that none of the jurors felt comfortable awarding damages for emotional distress in a defamation case. The typical response to this request was that “everyone suffers.” But when I asked the same jurors to award damages for a “reputational injury,” all of the jurors wanted to award large damages, because “your good name is the most important thing you have.” Without doing this research, I would not have known about that distinction. In another case, a group of jurors helped me understand the
difference between referring to employ- ment as a “job” or a “career.” The use of the term “career” far impacted the dam- age award. Still in another case, jurors wondered if my client was “too fragile,” prompting me to add evidence into my trial presentation regarding my client’s athleticism and roll-up-your-sleeves attitude. The cost-effective use of jury focus
research can significantly increase the damages, even in a case which would ordinarily be regarded as having lower damages. Don’t miss the opportunity to use this amazingly helpful tool.
Conclusion Putting on a thoughtful and thorough
damages case is essential for your client. Using some or all of these helpful strat- egies should allow you to significantly increase the value of your cases. n
About the Author
Larry Kaye has been practicing law in Maryland and the District of Columbia since 1991. He is a 1991 graduate of the Washington College of Law at the American University, where he served for many years as part of the Adjunct Faculty. In addition to his regular bar memberships, he is a member of the Metropolitan Washington and Maryland Employment Lawyers Associations. In addition to his day-to-day litigation practice, Mr. Kaye consults with other attorneys on trial preparation and pre- sentation, including jury research, and instructs other attorneys on improving their own trial skills. He has been a frequent local and national speaker on various subjects pertaining to litigation. In his spare time, Mr. Kaye is a profes- sional theater director in the Washington area.
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