“Three times more money!”
“Need a check?”
“Hurt at work? Would $504,500 help?”
Outrageous advertisements from plaintiffs’ lawyers are everywhere. From television and billboards to social media and direct mail campaigns, there is no escaping the message from unscrupulous advertisers that “you can make a lot of money off of this” (whatever “this” may be).
The constant stream of advertisements does more than attract potential plaintiffs; these ads create high expectations for payouts, making it difficult for defense attorneys to fight for fairness. Plaintiffs and jurors enter the courtroom with preconceived notions of the worth of claims. Large or “nuclear” verdicts are often based, in part, on what jurors perceive to be “normal” numbers — and their perception of normal is skewed by their exposure to legal advertisements. Defense attorneys should consider initiating voir dire with potential jurors regarding their exposure to legal advertisements and whether their perception of case value has been impacted.
As defense attorneys representing health care providers, it is incumbent upon us to advocate for a legal system based upon integrity and fairness. Through education, advocacy, and ethical practice, we can challenge the notion that justice is synonymous with exorbitant monetary compensation.
If you need assistance with a legal matter, Waranch & Brown and our experienced attorneys are here to help.