INCREASING LITIGATORS' EFFECTIVENESS

Damages

Jurors' beliefs

Witnesses

Voir dire

Presentation

Continuing Legal Education

JURY RESEARCH INFORMATION

When to do research

Methodologies

Working with a trial consultant

Where to do research

Mock jurors

Why do research

SCIENTIFIC RESEARCH ON JURY BEHAVIOR

Juror attitudes

Articles

Damages

  1. Did you know...

  2. Fusion of Liability and Damages

    Numerous scientific studies have shown that, contrary to the intent of the legal system, jurors often "fuse" liability and damages decisions. Plaintiffs who are more comparatively negligent often have their damages reduced by jurors, producing a double discounting effect. Similarly, severely injured plaintiffs cause jurors to find defendants more blameworthy. The psychological phenomenon known as the "hindsight bias" explains the liability/damages fusion. Hindsight bias is the "I knew it all along" rationalization which occurs when an outcome of an event is known (the scenario in all civil lawsuits). When an event has a known outcome, jurors misperceive that they could have predicted it. It is jurors' inability to ignore the parties' negligence when determining damages that produces the fusion effect.

    Contact the Litigation Consultants at Magnus to learn more about the fusion effect.


  3. The Challenge of Subjective Damages
  4. Juror Attitudes Regarding Consortium Damages
  5. The Rationale of Requesting Damages

© 2010 Magnus Research Consultants, All rights reserved.

Magnus Research Consultants, Inc., Magnus, Insights for Success, Venue DataLink, Courthouses of Florida, and are registered trademarks of Magnus Research Consultants, Inc.

Magnus provides Trial Consulting or Jury Consulting services for attorneys and litigants in civil lawsuits and criminal litigation. Magnus' trial consultant services include mock trials, focus groups, jury simulations, attitude surveys, witness preparation, jury selection or voir dire consultation, demonstrative evidence, animations, and trial presentation services. Jury research, mock bench trials, mock mediations, and mock arbitrations assist litigators and their clients provide risk analysis for cases and evaluate case strategy options to maximize trial outcomes. Magnus is a Florida-based trial consulting firm (working in Miami, Fort Lauderdale, Broward, Boca Raton, West Palm Beach, Orlando, Tampa, Jacksonville, Fort Myers, Tallahassee, etc.), providing services nationwide.