What if you were confident that a $350K settlement could become a $9 million verdict, because you could predict that number before the trial?

Connecticut trial lawyer Andrew Garza reveals how big data turned a difficult premises liability case into the largest verdict ever seen in that courthouse - and why most plaintiff lawyers are still leaving money on the table.

Andrew breaks down what “big data” actually is, how it differs from traditional focus groups, and why it gave his team the confidence to try a contested case that many firms would have hesitated to touch. In his example today, a case that was heading for settlement was a challenge for the plaintiff's side, because the valuation was very difficult to assess.

Thanks to the inputs of data, the team gained so much clarity on a figure that what they ended up receiving, $9 million, was just $300k less than what the data predicted they would get.

It's a question of trust, commitment, confidence in your case and simplifying trial strategy. Tools like these can make a huge difference in getting you over the finish line, in a massive way.

" We believed in the case, but we really didn't want to guess on value. We wanted to understand what we should ask for, what the best way to do that was. And so we decided to run our first big data study." - Andrew Garza

In this episode, we discuss:

◼️ How big data studies test both plaintiff and defense narratives across hundreds of participants.
◼️ Why the team narrowed a complex case into a short, clean 1.5-day presentation.
◼️ What the data revealed about damages, jury selection, and even which juror profiles helped them.
◼️ How they used the study to challenge assumptions about geography, politics, and “typical” jurors.
◼️ Why asking for too little can be just as dangerous as asking for too much.

Chapters

00:00 Case Value: A $9 Million Verdict
04:58 What Big Data Reveals
11:27 The Water Park Injury Case
19:53 Building Confidence in the Data
23:25 Trying a Shorter, Stronger Case
32:04 Keeping Sympathy Out of the Verdict
38:01 Do Local Jurors Really Differ?
41:34 How to Get Started with Big Data

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

There are times when contributory negligence laws can become a gift to the plaintiff.

You need to recognize the signs and, of course, have a strong case, but if the facts are there, the defense's own arguments can help shape your win.

Ben Rand's firm recently took on a trip & fall case in Virginia that, on the surface, had strong facts, yet was a certainty to run headlong into Virginia's contributory negligence laws. In Virginia, this means that if it can be demonstrated that the plaintiff was even 1% responsible for the situation, then the case will likely be dismissed.

As a result, Ben and Sharif were repeatedly warned by colleagues that the case had little hope of succeeding.

And yet, the facts were strong, the evidence was there, the witnesses would prove to be outstanding, and as the trial unfolded, it became clear that the defense's approach was starting to backfire.

Ben, Sharif and guest co-host Nathan Hittle talk about the mindset of approaching cases such as this, how to stay focused, unflustered, use "negative space" cross-examination, and recognize, in real time, a trial evolving in your direction.

The result? A $1.5m verdict in the plaintiff's favor.

It's so much easier when they don't make an offer that's respectable. It's hard when they make an offer where you're like, "Can we beat this at trial? I don't know." And then if we don't beat it, we've left all this money on the table." - Ben Rand

In this episode, we discuss:

◼️ Why Virginia’s 'pure contributory negligence' rule makes premises cases especially high-risk for plaintiffs.
◼️ The reaction when a key witness called the store's entrance mat a “booby trap.”
◼️ What happened when the defense challenged the medical bills.
◼️ What is "negative space” cross-examination, demonstrating a witnesses' bias, lack of knowledge, and weak foundation.
◼️ Why the trial was deliberately streamlined and completed in one day.
◼️ The importance of slowing down, staying focused on core themes, and not chasing every defense argument.

Chapters

00:00 Introduction: When Settlement Offers Matter
06:19 Why Trip-and-Fall Cases are Hard in Virginia
14:51 The Flipped Mat, Sliding Doors, and the Mechanics of the Fall
18:51 Trying the Case in One Day
23:21 The Cross-Examination Strategy That Exposed the Billing Expert
31:41 When Defense Arguments Backfire
39:59 Trial Advocacy: Slow Down and Stay Focused
45:10 Setting Boundaries so the Job Does Not Take Over Your Life

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki

Isn't it remarkable how there are certain types of cases that necessitate entire practice areas in law? Inevitably, these are cases that involve some mixture of abuse, neglect, exploitation, or all of the above. And sadly, nursing home abuse is one of these areas.

When Kristen Lojewski happened into this field in 2021, she recognized that as much as she had been personally impacted by such a case, she could use that emotion to deeply understand and empathize with her clients' situations and indignation.

Repeated falls often go ignored until a resident suffers a major injury, usually a hip fracture, then followed by a rapid decline. Kristen breaks down the business model behind many nursing facilities, including private equity ownership, and money being routed away from resident care, all of which lead to declining care. The staff in turn are stretched thin trying to keep up with cutbacks and understaffing, creating a vicious circle.

And yet, defense strategies usually rely on dementia, Alzheimer’s or limited life expectancy, to minimize damages and shift blame away from the facility.

It's a deplorable situation, yet like with sex assault cases or negligent security cases, it's all too common.

Kristen is also a graduate of the Gerry Spence Method at Thunderhead Ranch in Wyoming, and her and Sharif talk about their shared experiences there, learning not just trial skills and strategies, but how to emphasize authenticity, good listening, and making a genuine connection with witnesses. A comment from Joe Low ended up changing her career trajectory and self-confidence, drawing a straight line to the firm under her own name that she operates today.

"It  hits differently when  trial lawyers who are very seasoned, very successful, aren't trying to get me to be a  male trial lawyer who's seasoned and successful. They're just like, 'Be you. Who you are is enough.' And that has shaped how I am, in my current practice at my firm." - Kristen Lojewski

In this episode, we discuss:

◼️ What nursing home abuse and neglect cases typically look like, including falls, choking incidents, pressure wounds, and wrongful death claims.
◼️ The main defense themes in these cases, especially the idea that an elderly resident “was going to die anyway,” or had comorbidities that supposedly explain the outcome.
◼️ How in Wisconsin, prior incident reports and state investigation reports are inadmissible, which can make pattern-and-practice proof harder to present to a jury.
◼️ How the Gerry Spence ranch pushed her to stop “playing small,” and ultimately helped inspire her to start her own firm.

Chapters

0:00 Understanding Nursing Home Abuse and Neglect
5:02 The Journey from Prosecutor to Plaintiff’s Attorney
10:04 The Importance of Advocacy for the Elderly
15:13 Challenges in Nursing Home Litigation
19:57 Defensive Strategies in Nursing Home Cases
25:15 Understanding Patterns of Negligence in Nursing Homes
30:37 The Impact of the Gerry Spence Ranch on Legal Practice

Courtroom Stories & Tactics | RVA Trial Lawyers
Available on Spotify, Apple, YouTube, and at RVATrialLawyers.com

Based out of Richmond, Virginia, Courtroom Stories & Tactics by RVA Trial Lawyers exists for lawyers who try cases to juries on behalf of people. Through our podcast, we hope to learn from them, support them, connect them, inspire them, and preserve their work for future trial lawyers.

If you are willing, we would greatly appreciate it if you left us a 5-Star Google Review by clicking here. Your review will help people find us.

Thank you!

Sharif Gray and Nael Abouzaki