6 Key Factors to Consider When Gauging the Probability of Winning Large Damages in a Case

To provide insights into the complex process of gauging the probability of winning large damages at the outset of a case, we sought the expertise of six legal professionals, including Personal Injury Lawyers and Attorneys. From evaluating the severity of the case and injury to understanding the jury or judge’s perspective, these experts share their top considerations when assessing potential outcomes.

  • Evaluate the Case and Injury Severity
  • Exhibit Empathy and Understanding in Large Claims
  • Consider the Jurors’ Socio-Economic Status
  • Collect and Use Settlement Data
  • Examine the Quality of Facts and Evidence
  • Understand the Jury or Judge’s Perspective

1. Evaluate the Case and Injury Severity

Gauging the probability of significant damages in a personal injury case starts with evaluating the case itself. If there are extenuating circumstances from a liability perspective, such as a drunk driver or an 18-wheeler accident where the driver or motor carrier did not follow the safety rules, the potential for a significant verdict is greater.

The injuries or losses must be significant to expect extensive damages. Losing a family member in a wrongful death case or an incapacitating injury always has the potential for a large damage award.

Greg Baumgartner, Personal Injury Lawyer, Baumgartner Law Firm

2. Exhibit Empathy and Understanding in Large Claims

Any personal injury lawyer will want to look at three things at the outset: the extent of the injury on the victims, the liability, and the defendants or at-fault parties involved.

What sets some lawyers apart is their ability to meet their client’s needs while getting these huge claims settled and won.

A lot informs my personal injury practice of awareness of whom I’m fighting for and empathy for the pain and loss they are going through—the larger the injustice, the larger the damages. The costs cannot and should not remain the burden of the victims.

Justin Farahi, Personal Injury Attorney, Farahi Law Firm, APC

3. Consider the Jurors’ Socio-Economic Status

Your ability to justify damages is often overlooked in earning a large verdict. In Huntsville, Alabama, our juries frequently comprise high-income/high-net-worth jurors. It is easier to justify a multimillion-dollar personal injury verdict when many jurors earn six figures annually.

Many of the venues surrounding Huntsville are some of the poorest counties in the country. It can be tough for a jury to justify a multimillion-dollar personal injury verdict when many jurors earn $20,000 per year or less. As trial lawyers, we must justify our clients’ damages.

Hunter Garnett, Founder, Garnett Patterson Injury Lawyers

4. Collect and Use Settlement Data

When calculating damages, it all comes down to collecting as much data as possible. The more data you can collect, the more accurate your damage calculation will be. Most litigators believe this means looking at court awards involving similar cases; however, the more critical data is settlement data involving similar cases.

This is because over 90% of civil litigation settles, meaning that data from court awards needs to give an accurate picture of what a case is worth. Skilled litigators can parse docket sheets and transcripts to understand how settlement talks are progressing and where a settlement range lies, even if the settlement figure is never revealed.

Obtaining and using settlement ranges can give a far more accurate damages prediction than those based on court awards alone.

John Joy, New York Whistleblower Attorney, FTI Law

5. Examine the Quality of Facts and Evidence

When evaluating a case’s potential for significant damages, experience is the best teacher. One of the most crucial factors I look at is the quality of the facts and evidence.

Now, that might sound straightforward, but it’s often where the devil is in the details. Strong, admissible evidence can turn the tide in your favor, significantly increasing the chances of a favorable outcome.

To boil it down, it’s not just about having the law on your side—it’s also about having the facts meticulously documented and substantiated. This combined approach offers the best shot at securing the damages a client is seeking.

Alex Freeburg, Owner, Freeburg Law

6. Understand the Jury or Judge’s Perspective

If a jury trial is probable, legal professionals evaluate possible jurors’ demographics, biases, and opinions. Jury selection becomes crucial, as the jury’s composition can significantly affect the outcome.

Understanding the attitudes and values of the local community is critical in determining the likelihood of obtaining considerable damages. If the case is before a judge, their knowledge, past decisions, and legal philosophy must be assessed.

Some judges may be more susceptible to specific legal arguments or more disposed to award larger damages in certain circumstances.

Tim Allen, Director, Oberheiden P.C.

Unlock the Legal Labyrinth: 6 Insider Secrets for Scoring Big Damages in Your Case 🗝️⚖️

Unique insights from seasoned legal pros! These key factors are instrumental in helping you figure out the likelihood of winning significant damages in a case. Keeping these points in mind could be helpful if you’ve got a case you’re pondering.

  • 📌 Severity of Case and Injury: Naturally, the graver the incident, the bigger the potential damages.
  • 📌 Empathy and Client Needs: Empathy isn’t just nice to have—it could add value to your claim.
  • 📌 Juror Socio-Economics: It’s not just about the law but also who’s interpreting it in the jury box.
  • 📌 Settlement Data: Past settlements aren’t just history but also a roadmap for what you might expect.
  • 📌 Quality of Evidence: Get those facts straight and solid; you’ll be on firmer ground.
  • 📌 Jury or Judge’s Perspective: Knowing your audience can make or break your case.

Remember, every case is unique, and these are just guidelines. Always consult with qualified professionals for personalized advice. Happy litigating!