Four Lethal and Preventable Defense Mistakes in Litigation

Keys to Avoiding Bad Outcomes

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An increasing number of cases are now being resolved based upon their perceptual value at the jury level, rather than their realistic economic worth. Plaintiff attorneys have become experts at taking small, relatively benign cases and turning them into expensive “runaway trains.” This often results in a defendant corporation having to pay significantly higher settlement figures and damage awards, as they are hamstrung by poor depositions, bad documents, and a sympathetic plaintiff. Fortunately, attorneys can utilize many techniques to identify each case’s unique perceptual challenges and increase the odds of an optimal settlement or trial outcome.

In this article understand:

  • Criticality of early witness preparation
  • Role of visual presentation of your case
  • Risks of over-reliance on expert witnesses
  • The availability bias

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