Chicago Injury Lawyer Blog
Jury trials in personal injury cases can be unpredictable, but certain factors consistently lead juries to award higher verdicts. Whether it’s the severity of injuries, the defendant’s conduct, or the quality of legal representation, understanding these reasons can shed light on what motivates jurors to side with plaintiffs and award substantial damages.
At John J. Malm & Associates, with offices in Naperville and St. Charles, our award-winning team leverages decades of litigation experience to achieve justice for our clients. This blog explores the top seven reasons juries decide to award higher verdicts in personal injury cases and explains how damages are calculated.
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The Plaintiff Has Suffered Severe or Permanent Injuries
One of the most compelling reasons for a higher jury award is the severity of the plaintiff’s injuries. Juries are more likely to empathize with plaintiffs who suffer permanent disabilities, chronic pain, or life-altering injuries.
Case Example:
A young woman is paralyzed after being struck by a drunk driver. Her attorneys present vivid evidence, including medical records, expert testimony, and her emotional testimony about losing her independence. The jury sees the immense impact the injury has had on her life and awards significant damages for medical expenses, loss of future earnings, and pain and suffering.
Why It Matters:
Juries tend to award higher damages when they understand the full extent of a plaintiff’s suffering and the lifelong challenges they will face. Visual aids, like medical illustrations or videos, can be particularly persuasive in highlighting the severity of injuries.
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The Defendant’s Conduct Was Egregious
When a defendant’s behavior is particularly reckless, malicious, or negligent, juries are often motivated to punish the defendant by awarding higher verdicts. This is especially true in cases involving drunk driving, corporate misconduct, or intentional harm.
Case Example:
A trucking company forces its drivers to work excessive hours in violation of federal safety regulations. One driver, fatigued from a 20-hour shift, causes a fatal crash. At trial, the plaintiff’s attorneys uncover internal emails showing that management prioritized profits over safety. The jury is outraged and awards a multimillion-dollar verdict.
Why It Matters:
Juries don’t just award damages to compensate victims—they also use verdicts to send a message. Egregious conduct by a defendant often results in higher awards.
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The Plaintiff’s Story Is Relatable and Compelling
Personal injury cases are, at their core, stories. Juries are more likely to award substantial damages when they feel a strong connection to the plaintiff and their story. A relatable plaintiff who comes across as honest and sincere can significantly influence the outcome.
Case Example:
A retired teacher slips and falls on an icy sidewalk outside a grocery store. At trial, she testifies about how her injuries have prevented her from attending her grandchildren’s soccer games or volunteering at her church. Her attorneys present photos of her active life before the accident, creating a compelling narrative of loss.
Why It Matters:
Juries are made up of ordinary people. When they see themselves or their loved ones in the plaintiff’s story, they are more likely to empathize and award higher damages.
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The Defense Lacks Credibility or Appears Uncaring
Juries often award higher verdicts when they perceive the defense to be dishonest, dismissive, or uncooperative. If a defendant comes across as evasive, minimizes the plaintiff’s injuries, or refuses to accept responsibility, jurors may respond by increasing the award.
Case Example:
In a case involving a rear-end collision, the defendant initially denies responsibility, even though dashcam footage clearly shows the defendant texting at the time of the crash. The defense also hires a medical expert who downplays the plaintiff’s injuries, but the plaintiff’s attorney effectively cross-examines the expert, exposing inconsistencies in their testimony. The jury finds the defense’s tactics offensive and awards a larger verdict.
Why It Matters:
Juries value fairness and accountability. A defense strategy that appears insincere or dismissive can backfire, leading to higher awards for the plaintiff.
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Strong Presentation of Evidence
The way evidence is presented can make or break a personal injury case. Juries are more likely to award higher verdicts when they are presented with clear, persuasive evidence that supports the plaintiff’s claims. This includes medical records, expert testimony, and visual aids.
Case Example:
A man is severely burned in a workplace accident due to a defective piece of equipment. His attorneys use 3D animations to show how the accident occurred and call on a leading safety engineer to testify about how the equipment violated industry standards. The jury is convinced by the clear, well-organized presentation of evidence.
Why It Matters:
Juries are tasked with evaluating complex information. Clear, compelling evidence presented in an understandable way makes it easier for jurors to side with the plaintiff and award higher damages.
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Expert Witness Testimony Is Persuasive
Expert witnesses play a crucial role in personal injury cases. Whether it’s a medical professional explaining the long-term impact of an injury or an economist calculating lost future earnings, effective expert testimony can significantly influence a jury’s decision.
Case Example:
A plaintiff suffers a traumatic brain injury (TBI) in a car accident. During trial, a neurologist testifies about how the TBI affects the plaintiff’s cognitive abilities and emotional well-being, while a vocational expert explains how the injury limits the plaintiff’s ability to work. This testimony provides the jury with a clear picture of the plaintiff’s damages, leading to a substantial award.
Why It Matters:
Jurors rely on experts to clarify technical or medical aspects of a case. Persuasive, credible experts can strengthen a plaintiff’s claims and justify higher damages.
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The Plaintiff’s Attorney Effectively Advocates for Damages
Juries are influenced not only by the facts of the case but also by how effectively the plaintiff’s attorney argues for damages. A skilled Chicago personal injury attorney knows how to frame the plaintiff’s losses in a way that resonates with jurors and justifies a higher award.
Case Example:
A plaintiff injured in a motorcycle accident sues for pain and suffering, medical bills, and future care costs. In closing arguments, the plaintiff’s attorney asks the jury to imagine the daily struggles the plaintiff endures, from bathing to getting dressed. The attorney also breaks down the economic damages, showing how the plaintiff’s medical expenses and lost wages will add up over a lifetime. The jury awards the full amount requested.
Why It Matters:
Juries need guidance on how to calculate damages. An attorney who effectively demonstrates the plaintiff’s losses and advocates for a specific amount can secure a higher verdict.
How Juries Decide on Damages
When determining awards in personal injury cases, juries focus on two primary types of damages: general damages and special damages. These categories cover different aspects of the plaintiff’s losses and aim to provide fair compensation based on the specific circumstances of the case.
General Damages
General damages compensate for non-economic losses that are more subjective and harder to quantify. These damages address the impact of the injury on the plaintiff’s quality of life and emotional well-being. Common components include:
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
- Loss of Enjoyment of Life: Damages awarded for the inability to participate in hobbies, activities, or everyday pleasures enjoyed before the accident.
- Emotional Distress: Anxiety, depression, or post-traumatic stress resulting from the injury.
Special Damages
Special damages, also known as economic damages, cover quantifiable financial losses incurred as a direct result of the injury. These damages are easier to calculate and are supported by documentation such as bills, receipts, and expert testimony. Common examples include:
- Medical Expenses: Reimbursement for hospital bills, surgeries, and ongoing treatments.
- Lost Wages: Compensation for time missed from work and diminished earning capacity.
- Out-of-Pocket Expenses: Costs for transportation to medical appointments or other necessary expenses.
The final award reflects a combination of these factors, shaped by the jury’s interpretation of the evidence and their collective sense of justice.
How The Chicago Trial Lawyers at John J. Malm & Associates Can Help
At John J. Malm & Associates, we understand what motivates juries to award higher verdicts. With over 90 years of combined litigation experience, we know how to build compelling cases, present persuasive evidence, and effectively advocate for our clients.
What Sets Us Apart:
- Proven Results: Millions recovered for personal injury clients.
- Expert Witness Network: Access to leading experts in medicine, engineering, and economics.
- Tailored Strategies: Personalized case preparation to highlight the unique aspects of each client’s story.
- Award-Winning Team: Recognized for excellence in personal injury litigation.
Contact the Top-Rated Chicago Personal Injury Lawyers at John J. Malm & Associates
If you or a loved one has been injured due to someone else’s negligence, let us fight for the compensation you deserve. With offices in Naperville and St. Charles, our team is ready to provide personalized, compassionate representation.
Call 844-MALMLAW or visit our website to schedule your free consultation. Your justice starts here.