How Much Should We Ask the Jury to Award?

I've written before about how much we want to demand in settlement negotiations. One of the goals is engaging the defendant and helping it understand why it may be advantageous to settle the case.

There are different considerations when deciding how much to ask a jury to award.

We're not interested in engaging the defendant. The defendant isn't our audience. It's the jury.

In closing argument we're going to suggest a number to the jury. The defense will suggest a number. (Or maybe a range.)

There is no rule that requires the jury to pick one number (proposed by the parties) or the other. But there's a pretty good chance that the jury is going to discuss which suggestion is the most reasonable.

Let's say the jury independently--if neither side suggested a number--would come back with a verdict of $X. If the plaintiff asks for $100X will the jury increase the verdict or decrease it? Same question if the defendant suggests $.01X--is the jury going to award more or less than $X.

It's anyone's guess. And I've tried various approaches. But in the end I feel best about asking for what I think is the high end of reasonable.

I don't feel good about asking for a number that I feel is ridiculous. I don't think it's going to produce the best result on a stand-alone basis. And I suspect the jury is going to be able to sense that I don't believe the case is worth the number I'm asking them to write on the verdict form.

#trial

#closing argument

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#damages