Plaintiff and Defense Strategies on Non-Economic Damages

This document is a guide that outlines strategies for plaintiffs and defense attorneys regarding non-economic damages in legal cases. It discusses the implications of the Gregory v. Chohan ruling, which overruled previous standards of review for jury awards of damages. The guide emphasizes the necessity for rational, evidence-based justifications for the amounts awarded, particularly in cases involving mental anguish. It details the importance of avoiding unsubstantiated anchors in arguments and provides practical tips for effectively presenting non-economic damages, including the use of lay witnesses and expert testimony. The document also addresses the significance of comparing damage awards in similar cases to establish reasonable compensation. Additionally, it highlights the need for a unified defense strategy that contextualizes verdicts on appeal, ensuring that large awards are supported by evidence. Overall, the guide serves as a resource for legal professionals navigating the complexities of non-economic damages in litigation.