The Challenge of Subjective Damages
Although subjective, or intangible, damages encompass a wide variety of losses, jurors usually consider only “pain and suffering” when deciding how much to award. In addition, many jurors believe there should be a cap on subjective damages awards in personal injury and wrongful death cases. Defense attorneys are advised to capitalize on jurors’ narrow views of what constitutes subjective damages, while plaintiffs’ attorneys must provide considerable education to overcome jurors’ pre-existing biases. Regardless of which side an attorney represents, subjective damages should never be an afterthought. Consider jurors’ expressions on subjective damages as indications of their underlying attitudes and develop cause and peremptory challenges accordingly.
Contact Magnus to reduce the subjective damages challenge.