The “Likability” Factor: How a Plaintiff’s Personality Can Affect a Jury’s Dollar Award?
In personal injury cases, one of the most overlooked factors influencing case value is how the plaintiff presents themselves. Insurance companies pay close attention to depositions because they provide insight into how a jury might perceive the plaintiff.
Why Likability Matters
During a deposition, the plaintiff’s demeanor, credibility, and communication style are evaluated:
Credibility and Honesty: Plaintiffs who are truthful, take responsibility where appropriate, and have a clear recollection of the accident are generally viewed more favorably.
Presentation and Communication: Being polite, articulate, and professional can significantly impact how jurors—and insurance adjusters—view a claim.
Personal Image: Appearance and behavior can also influence perception. For example, extreme tattoos, aggressive behavior, or a combative attitude can reduce sympathy and affect settlement value.
Insurance companies often gauge the plaintiff’s “jury appeal.” A sympathetic, well-spoken plaintiff may command a higher settlement, while someone who presents poorly may be undervalued. This is particularly evident in cases where jurors might naturally relate to or feel empathy for the plaintiff, such as older adults or children, compared to younger individuals with a history of legal trouble.
How Lawyers Prepare Plaintiffs
Experienced injury attorneys recognize the importance of preparing clients for depositions and trial. They coach plaintiffs on:
How to answer questions clearly and confidently
How to present themselves professionally and respectfully
How to maintain composure under pressure
Bottom Line
The “likability” factor can have a direct impact on compensation. While everyone has a valid claim, a plaintiff’s credibility, demeanor, and relatability can influence the jury’s sympathy—and ultimately, the value of a case. Proper preparation with an attorney helps maximize both credibility and case value.
