Even the best case cannot be won with a jury who doesn’t believe in you or your client’s story. The opposite is also true. If a jury believes in your and your case, less persuasive evidence is needed to obtain a record result.
Pure wrongful death cases, in particular pure wrongful death cases for the elderly, present challenges we must overcome as trial attorneys. There is no question that everyone dies and the vast majority of people do not receive any compensation as a result—no matter how horrendous the circumstances.
The challenges of motivating a jury are often compounded in elder abuse wrongful death cases where grief and loss for the elderly by adult children are not well understood, where our clients are almost universally ill and already in at least the beginning stages of the dying the process, and where many have surpassed the average life expectancy for someone in the community and have experienced what most people would consider a rich, fulfilling, and meaningful life.
With those challenges in mind, learn how to find jurors who possess empathy but also have the ability to take strong action on behalf of your client to serve a greater good by fostering societal change through a large jury verdict, undermine defense arguments without “conditioning” the jury, explain grief and loss for our aged and vulnerable population, and make jurors believe in their hearts that they are difference makers.
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