A good case helps! This is not a joke, it is reality.
In my experience as a Pasadena personal injury attorney, jurors, judges and arbitrators (the trier of fact) are just like you and me. Ask yourself what motivates me? And you will get a pretty good idea of what will motivate the trier of fact.
Contrary to popular belief sympathy rarely carries the day. Think about how often do we see someone on a street corner holding a sign for money or food? Most folks, including you, have an initial response of sympathy but how often do you give money or food? The answer is not often. In fact if the person looking for a handout “looks too good” many think the person should “get a job” or really does not need help. So much for sympathy.
That is why for every personal injury case a compelling story needs to be told. A tale of conflict between right and wrong. This allows the trier of fact to feel like the champions of justice by finding for and awarding the injured party damages.
Themes that are effective are safety, security over profits. A freedom from injury or harm caused by neglect. Holding one responsible for their actions. Almost every claim can be presented as a battle between significant moral principles that transcend the parties to the action.
By way of example:
An automobile accident that caused serious injuries isn’t only about the injuries suffered by the plaintiff. It’s also about jurors requiring others to drive with care and caution because failing to do so can death or life long injuries. Failure to hold people responsible and accountable to the rest of society endangers us all. Safety and Security. Freedom from injury or harm.
A medical negligence case is not about the devastating injury suffered by the plaintiff. It’s also about looking after the public, other patients, the health of the community and ensuring that health care providers are held responsible after all they are paid well and have people’s lives in their hands. Safety and Security. Freedom from injury or harm.
Focusing a trial on issues of safety, security and freedom from injury or harm, helps the trier of fact understand and appreciate what another person has gone through. As the trier of fact becomes focused on upholding values (such as keeping folks safe and secure) he/she/they are more likely to relate to the trauma the plaintiff has experienced. If one fails to emphasize the big-picture significance of a case and instead focuses only on what the plaintiff has suffered, then the injured plaintiff is at a disadvantaged.
As an experienced Pasadena personal injury attorney, I know how to present a case in a way that makes it easy for jurors to award damages as a means of upholding significant and meaningful values.
Again Having a Good Case Helps