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.













