The following case studies illustrate how TrialFocus can help you spot cases that need to be settled and help you gain leverage over difficult clients incapable of seeing beyond their bubble. They also illustrate how we’ve spotted “diamond in the rough” cases and maximized their value.
Disability Insurance Case
Our client came to us with concerns about her own client’s inflated expectations that had become impossible to manage. Complicating matters was that fact the insurance company was offering a generous six-figure settlement proposal which the ultimate client had rejected. We conducted a focus group that resulted in a unanimous defense verdict. Our client’s client critiqued the methodology and results. Our client decided to conduct a second focus group session incorporating changes spurred by her client’s critique. Another jury reached the same verdict. Finally, our client’s client relented and that six-figure settlement was saved.
Employment Litigation-Age Discrimination
This focus group was conducted before a pre-suit early mediation to assess case value. The ultimate client, a long-standing employee for a large hospital, claimed that her termination was motivated by age discrimination. The focus group’s feedback was to downplay those allegations and shift the focus to her retaliation claim. That approach ultimately proved successful in settlement negotiations and the case was resolved for a substantial figure.
Personal Injury-Premises Liability
Our client came to us with concerns about liability in a case where a utility worker alleged that unsafe conditions inside an office building caused him to fall and suffer substantial damages. Our client feared that his client’s settlement bottom line was far overstated but he felt he had lost the leverage to get his client to understand that. We conducted a focus group that confirmed his suspicions. At the close of our focus groups or mock juries we conduct an extensive debriefing session. We videotaped the debriefing in this case and the ultimate client got to hear the feedback in detail. Later, he was able to get more realistic and the case settled.
Our client came to us with substantial concerns about his client’s credibility yet there was a recognition that the basic facts were with him. Initially, we conducted a focus group that gave us constructive feedback to improve his witness performance. After a coaching session, we conducted a full-blown mock trial that resulted in a unanimous verdict in his favor. This gave our client the confidence to dig in. Prior to that point, the defendant had only offered a measly five figure number inclusive of damages and fees. Ultimately, our client recovered seven figures.