Dilution Effect and the Albatross

One of our smartest clients sent a link for an episode of Hidden Brain that talks about the “dilution effect.”

I’ve talked before about focusing on big numbers rather than small numbers. And cases being about what we make them about.

This is similar. But a little bit different and probably a lot more significant.

We don’t add up evidence. We average it. That’s why drug companies talk about every possible side effect. It dilutes the impact of the really scary side effects.

In personal injury cases, we should really just call our best witnesses and make our strongest points.

Offering too much data does two things. First, the weaker data dilutes the stronger data. Second, it gives the defense the chance to cull the weakest or worst evidence and argue:

They just meet their burden of proof. Remember when they tried to argue that Mike’s hair-loss was related to the car wreck? That shows how weak their case was.

So it can be even more than just diluting…weaker evidence or claims can be an albatross around the neck of an otherwise righteous case.

It’s important to sculpt our cases so that we’re highlighting the strengths rather than wasting time or risking even more dire results by offering pulp to the jury.