In any personal injury case, a victory is a Pyrrhic one, unless the plaintiff receives all the damages he is entitled to under the law. To lay the groundwork for a successful result, the trial lawyer must first select a jury which understands and embraces its function in awarding damages and does not enter the courtroom with a bias against large damages awards, regardless of the proof presented. At the end of the case, the skilled attorney must tie together the proof in the case with the commitments obtained from the jurors in voir dire to follow the court’s instructions on damages, wherever it may lead.
Voir Dire
Jury selection involves many skill sets: questioning potential jurors on their background to determine their abilities to decide the case fairly, educating them as to their role in the case and ensuring that they are open to awarding damages if the facts support such a finding. Many prospective jurors think they are only deciding liability issues, and are surprised that determining the amount of the award is within their province. Convincing them they are competent to make such an award, and showing them how to do it, is the job of the trial lawyer.
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