Jury Value Estimator
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Jury Parameters and Estimates
Complete each required field below. Dropdown fields include predefined options.
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Data Entry Fields |
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| What is the Jury Size? That is, how many jurors will be on the jury? Choose from the dropdown options. | |
| What is the Jury Rule? That is, how many jurors must agree to render a verdict? Choose from the dropdown options. | |
| If you tried the case to 100 jurors, how many or what percentage of the jurors do you estimate would enter deliberations leaning in favor of a verdict for the plaintiff? |
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What percentage of the 100 jurors will strongly favor a verdict for the plaintiff? Enter a value or use the dropdown to select an automatic calculation.
This item relates more to the verdict on liability than to the amount of any compensation. It seeks an estimate of the jurors committed to a verdict in favor of the plaintiff, a subset of those who lean toward the plaintiff. In making your estimate, think in terms of the historical distinction between courts of law and courts of equity. This is a question more for a court of law. When making your estimate, think more about the strength of the evidence and the legal elements of the claim and less about sympathy for the plaintiff and anger at the defendant as these are asked about in a later item. Our research shows that, on average, 40% of the jurors who lean toward the plaintiff are strongly committed to a verdict in favor of the plaintiff. You can choose the dropdown value, which is 40% of the percentage of jurors you estimated would lean toward the plaintiff, or you can enter a different percentage. |
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| Percentage favoring a verdict for defendant. (automatically calculated, 100% - Percentage favoring plaintiff). |
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What percentage of the 100 jurors will strongly favor a verdict for the defendant? Enter a value or use the dropdown to select an automatic calculation.
This item relates more to the verdict on liability than to the amount of any compensation. It seeks an estimate of the jurors committed to a verdict in favor of the defendant, a subset of those who lean toward the defendant. In making your estimate, think in terms of the historical distinction between courts of law and courts of equity. This is a question more for a court of law. When making your estimate, think more about the strength of the evidence and the legal elements of the claim and less about sympathy for the plaintiff and anger at the defendant as these are asked about in a later item. Our research shows that, on average, 40% of the jurors who lean toward the defendant are strongly committed to a verdict in favor of the defendant. You can choose the dropdown value, which is 40% of the percentage of jurors you estimated would lean toward the defendant, or you can enter a different percentage. |
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What do you estimate will be the percentage of Runaway Jurors?
This item relates more to the amount of compensation than to the verdict on liability. A runaway juror has a high level of sympathy for the plaintiff and a high level of anger at the defendant. They support an extremely high amount of compensation. In making your estimate, recall the historical distinction between courts of law and courts of equity. This is a question more for a court of equity. When making your estimate, think more about the expected sympathy for the plaintiff and any expected anger at the defendant and less about the strength of the evidence and legal elements of the claim as these were asked about in a previous item. Our research shows that, on average, 40% of the jurors who lean toward the plaintiff are runaway jurors. You can choose the dropdown value, which is 40% of the percentage of jurors you estimated would lean toward the plaintiff, or you can enter a different percentage. |
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What do you estimate will be the percentage of StandPat?
This item relates more to the amount of compensation than to the verdict on liability. A standpat juror has a low level of sympathy for the plaintiff and a low level of anger at the defendant. They support a very low, if any, amount of compensation. In making your estimate, recall the historical distinction between courts of law and courts of equity. This is a question more for a court of equity. When making your estimate, think more about the expected sympathy for the plaintiff and any expected anger at the defendant and less about the strength of the evidence and legal elements of the claim as these were asked about in a previous item. Our research shows that, on average, 40% of the jurors who lean toward the defendant are standpat jurors. You can choose the dropdown value, which is 40% of the percentage of jurors you estimated would lean toward the defendant, or you can enter a different percentage. |
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| Is there a claim for punitive damages? | |
| If you tried the case to 100 jurors, how many or what percentage of the 100 jurors do you believe would find that punitive damages are warranted? |
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| Will there be an allocation of fault to the plaintiff or to non-party fault? | |
| What percentage of fault do you estimate will be assigned to the defendant? |
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| Will the allocation of fault apply only to emotional damages or to both economic and emotional damages? | |
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INSTRUCTIONS FOR COMPENSATION ITEMS BELOW.
You now need to estimate the amount of compensation that will be awarded if the jury decides in favor of the plaintiff. There are three categories of compensation; economic, emotional, and punitive. For each, estimate what you think the “average jury” who finds in favor of the plaintiff would award. The "average jury" is one containing no jurors who will insist on an award of zero and no runaway jurors, that is, no one who awards an amount well above the expected range. Imagine a jury containing all “moderate” or all “reasonable” jurors. It’s particularly important to eliminate the runaway juror awards in your estimate. Their awards have no upper limit but there is a lower limit for defense jurors. They can’t award a negative amount to balance the runaway jurors. We have three fields for each of the three categories of compensation, but that’s only to help with the arithmetic. Medical expenses, lost wages, funeral expenses, and property damage or property renovation are common economic losses. You can list them in the three fields for economic damages and they will be added for you or you can add them yourself and enter them in one field. Emotional damages can include pain and suffering, disfigurement, loss of enjoyment of life, and consortium losses. You can add them yourself or enter them in the three fields and they will be added for you. |
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| Economic Damages 1 | |
| Economic Damages 2 | |
| Economic Damages 3 | |
| Emotional Damages 1 | |
| Emotional Damages 2 | |
| Emotional Damages 3 | |
| Punitive Damages 1 | |
| Punitive Damages 2 | |
| Punitive Damages 3 | |
| Your estimate of the total compensation from an average jury finding for plaintiff. | |
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Runaway Award Multiplier.
The average runaway juror will award much more than a moderate juror. The average stand-pat or strong defense juror will award much less. The Estimator will use all the estimates provided above to calculate the probabilities of juries containing every configuration of runaway, moderate, and defense jurors and will calculate the risk adjusted award for every configuration. To do so, we need estimates of how much more than the average the runaway juror will award. Our mock trials find that the average award from the Runaway Jurors are least twice as high. So we have entered two as the default multiplier. We suggest you do not set the multiplier for the award by runaway jurors higher than four or less than 1.5. |
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Defense Fraction.
The average award given by a defense will be some fraction of the award given by a Moderate Juror. Our research finds the average award from a defense juror to be 50% of the average award given by moderate jurors. We suggest not setting a discount percentage for the award by defense jurors lower than 30% of the moderate award and not higher than 75%. |
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