Convince jurors to award noneconomic damages.

Most younger jurors do not think much of the concept of intangible or noneconomic losses. They are often more concerned with the "bottom line" or "net effect" on the plaintiff; that is, how the plaintiff's injury will affect his or her life or family in the future. Today, younger jurors seem more willing to award out-of-pocket, lost-income, and special damages than to award a sum for pain and suffering.

How can you overcome such skepticism about noneconomic damages? Focus on the value of intangibles. On direct examination, ask your client and other witnesses to tell the jury how the injury has significantly affected his or her life and will continue to do so. It is often effective to put this discussion in the context of time. For example:

* How does the injury affect your life from Monday to Friday?

* How are your weekends affected?

* How are your vacations or holidays affected?

Avoid using the terms "pain and suffering," "soft tissue," "noneconomic damages," "award," "whiplash," and "victim" when referring to your client and the intangible losses you want the jury to compensate. Instead, refer to the intangible damages as "human," "everyday," "quality of life" losses.

With the jury pool becoming younger and increasingly skeptical, anticipating jurors' attitudes and framing your case to accommodate their values is critical to your client's success.

Thomas Vesper

West Atlantic City, New Jersey