Provides a scientific range of probable damage awards.

When you need to evaluate whether trial is worth the risk, we offer research designs that can provide a scientific range of probable damage awards. A Risk Analysis Study (RAS) helps you to evaluate whether you should risk the uncertainties of a jury trial. The RAS can also be very useful for posturing settlement negotiations by helping you to identify and justify your “walk-away” position for settlement.


The RAS is a large panel study, with an optional mock jury component. The panel is presented with the case. Then they are instructed and fill out extensive questionnaires, including the verdict form. The verdict form is statistically analyzed to provide confidence intervals for damage awards. Confidence intervals provide the “high-low” range of damage awards that individual jurors would award within a stated level of probability.

The statistical range of these high-low predictions is directly related to sample size; larger sample sizes produce narrower and more precise high-low ranges. This methodology also requires careful attention to the “representativeness” of the research participants and the case presentations.

The analysis and report is initially restricted to the verdict form data. The cost of additional analysis is deferred until there the decision is made to proceed to trial. We will then analyze other questionnaire data and any mock jury data that was collected to help the trial team prepare its trial strategy, including:

  • Analysis of the issues and factors that resonated with jurors and influenced their decisions
  • The strengths and weaknesses for both sides
  • The persuasive impact of witnesses
  • The persuasive impact of exhibits, demonstrative evidence, and presentation technologies
  • The Persuasion Icons™, or themes, that provide jurors with the organization structure which will optimize the probability of a favorable verdict

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