The damages category of “pain and suffering” is notoriously uncertain, at least in jurors’ estimation. The act of quantifying and monetizing a plaintiff’s subjective experience associated with a loss or an injury can be a...more
Watching a mock jury deliberate about damages can give you the idea that when it comes to numbers, jurors can be a little random. For example, a jury might see a big difference between $500,000 and $1 million in one moment,...more
Juror 1: “The next category is ‘pain and suffering.’ How are we supposed to get to get that number?” Juror 2: “It is just whatever we want…there’s no guidance for it.“ Juror 1: “How are we supposed to do that? Put a...more