FREQUENTLY ASKED QUESTIONS

Negligence is an easier state of mind to prove than others that exist in the law, such as gross negligence, recklessness, intent etc. Whether negligence arises from a set of facts though depends greatly on the perception of the jury. This can vary depending on how the case is tried by the lawyers and their strategy throughout the process. If, for example, the focus remains on the bad behavior of the defendant consistently throughout the trial, it may be easier for the jury to perceive the acts of the defendant as negligent. If, on the other hand, the defendant succeeds in turning the tables and keeping the focus throughout trial on imperfect actions on the part of the plaintiff, the jury may scrutinize the defendant’s actions less rigorously. The single most important consideration in one’s ability to prove a case at trial is the degree of experience that he or she has in the art, as efforts repeated over time to hone one’s strategies provide invaluable insight. The second most important factor is the volume of time invested in preparing the case for trial. Only by digging In and being exhaustively thorough can an attorney prepare for a winning strategy that will outshine the other side and produce the right environment for the jury to see the case in his or her client’s perspective.