The Importance of Videotaping Plaintiff Testimony in Focus Group Preparation

Videotaping the plaintiff during focus group preparation offers trial attorneys a huge advantage, providing invaluable data that can dramatically impact the outcome of a case. By capturing the plaintiff’s testimony on video, attorneys can gather the most authentic and detailed feedback from focus group participants. We’ve seen firsthand how this method not only refines trial strategies but also leads to a significant increase in verdict value. When used effectively, focus group videos can transform your trial preparation, giving you a clear edge in the courtroom.

Key Insights from Our Work with Trial Attorneys

1. Increased Settlements: Attorneys who utilize focus groups consistently report higher settlement offers and jury awards. In fact, focus groups can increase settlement values by 20-30%, as the feedback allows attorneys to highlight the strongest aspects of the case, making their arguments more persuasive.
2. Essential for High-Stakes Cases: Focus groups are commonly used in complex, high-value personal injury cases, such as medical malpractice, wrongful death, and severe car accidents. These cases often involve large jury awards, and focus groups provide crucial insights that help attorneys navigate these complexities with confidence.
3. Strategic Verdict Range: Personal injury verdicts can vary significantly. Focus groups help attorneys identify potential weaknesses and strengths in their cases, leading to a more strategic approach during settlement negotiations or trial.
4. Improved Success Rates: Focus groups give trial attorneys a deeper understanding of how juries are likely to respond to their arguments. By identifying which emotional and factual arguments resonate most with jurors, attorneys can adjust their strategies, leading to higher success rates in personal injury trials.

Sometimes, you might ask for too little! Leaving money on the table. Other times, you might aim too high and lose credibility. The key is finding the right balance, and focus groups help you strike that sweet spot, giving you the confidence to ask for an amount that reflects the true value of the case.

The Difference Video Makes in Focus Group Presentations

With Video

Incorporating video into your focus group presentation elevates the entire process. By recording the plaintiff’s testimony and the reactions of focus group participants, attorneys gain a clearer understanding of how their case will be perceived in court. Video captures nuances that are often missed in written notes or transcripts, such as body language, tone of voice, and emotional reactions—crucial elements that can influence a jury’s decision.

Having a visual record allows attorneys to:

• Revisit important moments to refine their case strategy.
• Spot weaknesses in the plaintiff’s story and adjust testimony for greater impact.
• Present the plaintiff’s narrative more effectively, allowing focus group members to react as a real jury would, offering feedback that leads to higher settlements or better trial outcomes.

Without Video

Without video, attorneys rely solely on written notes or transcripts to gather feedback from focus groups. While these methods offer some insights, they lack the depth and clarity that video provides. Important non-verbal cues like body language or facial expressions are lost, meaning attorneys may miss critical feedback that could shape their case.

Additionally, the absence of video makes it harder to review the session in detail. Attorneys can only rely on memory or notes, which may not capture the full scope of the focus group’s reactions. This can lead to missed opportunities for improvement and weaker trial strategies.

In Summary

The difference between using video and not using it in focus group presentations is substantial. Video provides a richer, more accurate perspective on how jurors are likely to react, enabling attorneys to adjust and refine their approach with confidence. Without it, key insights may slip through the cracks, leaving attorneys less prepared to tackle the challenges of trial.

Don’t Leave Your Case to Chance!

At SW Media, we’ve seen firsthand how focus group videos can be the difference between a solid strategy and a missed opportunity. Get the insights you need to ask for the right amount, avoid courtroom surprises, and win more cases. Contact us today to learn how we can help transform your trial preparation.