Understand why juries award large and small damages and how to influence them to decide in your favor.
Why do some juries award high damages and some juries award low damages for cases with similar facts? How do you increase the settlement value of your case? How do you bring a case back to a reasonable range? This timely topic answers questions about the central issue in all civil cases: what's it worth and how do judges and juries decide the value of a case? An experienced consultant with backgrounds in communication, social psychology and law will share years of experience, research, and training on how jurors decide economic and noneconomic damages in civil cases. The topic includes a discussion on how jurors negotiate the subjective elements and navigate the objective evidence to determine the losses claimed in various types of lawsuits. You will also be taught key persuasion strategies to influence jurors' assessment of damages testimony and ultimate valuation of damages.
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Jury Research Findings on Damages: A Brief Review
- Why Liability Always Drives Damages
- How Today's Political Environment May Influence Jury Awards
- Differences Between Individuals and Companies
- How to Use Pretrial Research to Understand Case Value
- Framing: Positioning Case Value in Mediation
Understanding the Psychology of Damage Determinations
- How Jurors Use Anchoring
- How Jurors Negotiate and Use Different Calculation Methods to Arrive at Damages
- Admitted Liability and Accepting Responsibility, and Effects on Damages
- Why Punitive Damages Are in Every Case
- How Judges See Damages
Using Cognitive and Emotional Components to Influence Jury Awards
- Telling the Damages Story
- How to Use a Damages Expert
- How to Use Jury Instructions on Damages
- How to Set Standards and Rules
- When Do You Talk About Damages? Voir Dire, Testimony, Argument
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This course was last revised on January 31, 2020.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CO CLE 2.0
- Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- HI CLE 1.25
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- MN CLE 1.25
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- MT CLE 1.5
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
- NC CLE 1.25
- This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.25 CLE hours.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 88 Minutes.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VA CLE 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Decision Analysis, Inc.
- President of Decision Analysis, Inc., and leads its Los Angeles office
- In 32 years of trial consulting, he has worked on more than 1200 civil and criminal cases
- Author of the upcoming Penguin publication, Acquittal: An Insider Reveals the Stories and Strategies Behind Today's Most Infamous Verdicts and co-writer of Jury Selection: Strategy and Science as well as numerous articles for legal publications and law reviews
- Has conducted more than 250 training sessions and lectures for thousands of litigators nationally, and is published in national legal publications and legal texts
- On the Implicit Bias Task Force for the American Bar Association, was on the committee that developed national recommendations for Short, Summary and Expedited Trials (SSE) for the Institute for the Advancement of the American Legal System, and is the inventor of jury mediation
- Trial consultant on the O.J. Simpson, Casey Anthony, Phil Spector, Enron, and Whitewater as well as numerous other high profile trials
- Recognized as an expert on pretrial research and presentation strategies that drive trial outcomes
- Regular speaker at law schools, bar associations and law firms on jury research and trial communication strategy
- Past president of the American Society of Trial Consultants and current president of the American Society of Trial Consultants Foundation
- Appears regularly as a commentator on jury issues for ABC, NBC, CBS and CNN
- Can be contacted at 310-979-0999 or [email protected]
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