What are some good strategies for dealing with a plaintiff who has an over inflated sense of his or her case’s value?

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Mediation. A good mediator can help give unbiased perspective.

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I second this

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Jury verdict reports

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I second this as well.

Trial.

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Mediation is the best and sometimes the only way.

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Depends on the type of law. Typically I outline expectations early on and explain the difficulties in the law they have if it’s PI and how we approach them in as straightforward a way as possible. I then discuss values in relation to venue, mitigating factors, complications, and policy information if applicable. That’s only for PI though

Sometimes I try to ground them by asking questions where they start having to admit out loud that they’re not as limited as they think they are. Examples: “are you still experiencing x pain?” “Can you drive?”

Also there’s a bit difference between “I don’t do that anymore” and “ i CANT” do that anymore. Make sure to follow up with questions to make it clear the difference (because you don’t want to find out for the first time during their dep).

Do you drive long distances? “No”
Because a doctor advised you not to? “Well..no”
So you physically can drive, but you don’t for personal reasons not physical reasons? “Right.”

So all of them?

Is the plaintiff the other side, or your client? If the other side, the plaintiff/counsel may be posturing so you / your client believe he / she will push the case as far as possible, so your client, looking at the cost / business side will consider a better settlement. Early mediation and / or tailored discovery followed by an appropriate motion to narrow an issue.
If your client, a heart to heart, or early mediation

This is so helpful. I have a pro bono slip and fall with a plaintiff that fits the bill, and these are great strategies to help deal with it.

Try the case.

Am a defense lawyer ... and many times send cases to mediation because we think (or maybe OC has told us) that client has out-sized expectations. Some mediators are especially good at that.

In frankness, I have also encouraged an early mediation when I knew the plaintiff had outsized expectations and suspected OC could not control his client. They did just what I expected ... hardened their position (was a dead bang liability loser, we had to admit negligence) and then just destroyed them at trial because plaintiff’s credibility was nil. The award was even less than I suggested to the jury.

Point is ... mediate with a plan.

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