High Salaries Tend to Produce Large Verdicts

 I discuss this with clients so often.  How much is my case worth?  Most clients believe their case is worth millions.  And, it is.  To you.  But, what is it worth to a jury?  I have explained that studies of discrimination lawsuits have found that most often, juries do not award compensatory or emotional suffering damages when an employee wins.  Yes, that's right.  Even when you win, most juries award nothing for emotional suffering.

And, when a jury does award compensatory damages, they tend to award more or less the equivalent of lost pay.  In a recent case before a federal jury in Austin, a UTHSC professor was awarded $900,000.  That amount will be reduced to $300,000, since Title VII limits compensatory damages to $300,000.

But, even as a $900,000 award, his lost pay was very high.  His pay was cut 25% in 2003.  So, he has lost some $175,000 in pure wage reduction.  Add whatever he would have lost in retirement benefits, because now his pay is at a reduced level.  Add whatever he could prove in lost raises or bonuses.  Add whatever he could show was lost income because UTHSC apparently caused his discoveries to lose value.  Then, add whatever value the jury awarded because he was diagnosed with depression, heart problems and diabetes.  In fact, his first trial was apparently cancelled when he had a stroke at the trial.  

So, yes, those million dollar judgments are out there.  But, to get those high judgments, you have to suffer a heck of a lot and you have to already have a pretty high income anyway.  

Big Verdicts Require Big Salaries and Benefits

 Half a million dollar verdicts are very rare in employment cases.  As I have explained to many clients, the big dollar verdicts generally go to the clients with big lost income.  CEO's, doctors, etc. get the big verdicts because they lose so much money in salary and retirement benefits.  So, it is no surprise that a $500,000 verdict was won by a doctor in California.  

But, note also what the employee's lawyer says: the employer's lawyer made the mistake of sneering at the employee during the trial.  The big dollar verdicts require something else: they need a "good" bad guy.  Juries get upset when they award large amounts.  Studies show that generally juries get mad at someone when they award large amounts.  

People complain about the McDonald's spilled coffee case from many years ago.  What most people do not know is that the McDonald's executive who testified about how supposedly safe their coffee was testified badly.  He came across as rude and arrogant.  

So, if you want a million dollar verdict, you need to be making six figure income.  You also need a "good" bad guy.......