The present invention relates to systems and methods for determining
accurate estimates of punitive damages in bifurcated cases. The method
increases the accuracy of punitive damages predictions through the use of
mock juries that have completed the liability phase of the mock trial and
have found the defendant liable. Prior art methods of estimating punitive
damages typically skip the liability phase of the trial and ask jurors to
simply assume liability, an assumption that ignores the fact that the
experience of going through the process of finding the defendant liable
changes the nature and dynamic of the jury in a fundamental and
unpredictable manner. The method provided takes the totality of that
experience into account, including the perceptions, coalitions, and
antagonisms that develop during liability deliberations. The method
includes assembling a pool of jurors, presenting the liability case, and
assessing the results to determine whether each of the jurors is
plaintiff-oriented or defendant-oriented. Based on these data, a punitive
damages research jury is assembled from the pool, and this research jury
deliberates the liability case to a verdict. The damages case is then
presented to a research jury which has found for the plaintiff, after
which the research jury hears the punitive damages case and deliberates
to reach a decision on the amount of punitive damages.