Liability & Damages Research Methodologies


Liability and damages evaluations are designed around the parameters of the case. Case complexity, number of parties, and damages potential are among the variables which determine the scope of the research. Research methods involve an adversarial approach with arguments on behalf of the plaintiff(s) and defendant(s).

Case Strength Evaluation Research

Case Strength Evaluation Research evaluates the strengths and weaknesses of a case prior to mediation, arbitration, or trial. Magnus analyzes detailed information about plaintiff and defense positions on liability and damages. Both qualitative and quantitative methodologies are utilized.

Mock Trial Research

Mock Trials are the most comprehensive of the qualitative methods used for case evaluation. A Mock Trial allows lengthy presentations of plaintiff and defense cases, including live or previously recorded witness testimony.

Mock Arbitration Panel/Bench Trial

Mock Bench Trials and Mock Arbitration Panels evaluate the likely decision making process of the judge or arbitrators. Several surrogate triers of fact are utilized to provide input which forms the basis for Magnus’ feedback and recommendations. Participants render individual decisions as well as engage in group discussions.

Mediation Rehearsal & Coaching

Mock meditations consist of plaintiff and defense presentations to a panel of mediators who individually report their impressions of the attorney presentations and the case facts. Mediators also engage in a focused group discussion moderated by the consultant.

Silhouette Jury Panel

Silhouette Jury Panels provide day to day analysis of a trial’s progress. Silhouette Jurors are recruited to closely approximate the characteristics of actual jurors. They observe the trial alongside the jury and form their opinions on the evidence. Daily feedback to the attorney by the consultant provides the attorney with an opportunity to refine his or her case to ensure the best result. Furthermore, when the real jurors are permitted to ask questions, Magnus will evaluate the nature and underlying issues raised by the jurors’ questions.

Trial Progress Evaluation

Similar to the Silhouette Jury Panel, Trial Progress Evaluation provides a day by day analysis of the trial. In Trial Progress Evaluation, the trial is observed by one of Magnus’ Research Associates or Consultants instead of Silhouette Jury panel members.

Post Verdict Interviews

Post Verdict Interviews, when permitted by the Court, provide a wealth of information to the trial team. Determining how the actual jury reached its decision in a case can be most helpful in retrying cases which have been lost, mistried, overturned on appeal, or when a series of related cases is being tried.

Issue Perception™ (Online)

Issue Perception™ is Magnus’ proprietary online research methodology utilized to investigate individual and/or group responses to case issues. Magnus has developed 2 methods to study case issues. The first involves obtaining individual responses to case issues based on written or pre-recorded videos of case information. Participants respond in a self paced fashion. Various sample size options are available. The second begins with the individual study then, using a subset of respondents, a live group discussion is held. Multiple panels can be utilized. The proceedings are recorded for analysis of results and client viewing. As with all of Magnus’ research methodologies, the participants are jury eligible citizens of the trial venue. Magnus prepares a written report based on the research results.
Issue Perception™ can be customizable, depending the case specifics.