Preparing a case for trial can be a complex process, requiring attorneys to not only gather the materials needed to present their case to a jury, but also anticipate how jurors will respond to that case. Oftentimes, going to trial is the only way for attorneys to hold people and companies accountable for their negligence, but the jury must first come to the desired verdict.
Many attorneys prepare for trial using focus groups and trial consultants. But there are a time and a place for those tools. For most cases, you need to approach the litigation process with the potential jurors in mind from the beginning. When you are still in the starting stages of the case, you need tools that set you up for success.
Nationally Recognized Truck Accident Attorney David W. Craig is always looking for ways to utilize the newest technology in his legal practice. One of these technological tools includes the services of EmotionTrac, a company that is changing how attorneys approach litigation by allowing them to gauge how to develop their cases in early stages.
So, how does EmotionTrac help attorneys, and how can tools like it put attorneys ahead of the curve?
What Is EmotionTrac?
EmotionTrac is a service that helps attorneys see what aspects of their case resonate with the public and what parts do not. This is done in a focus group style, where attorneys prepare a summary of their case and present it to a group of panelists to gauge their reactions. The main takeaway: independent feedback based on the reactions of 100+ people and artificial intelligence analyzing their emotional responses.
Attorneys record a case narrative and define a valuation range they would like to test. That video is then uploaded with supporting material through an online portal. EmotionTrac then edits a video about the case for the attorney and returns it for review. Once that is approved, the case story is shared with at least 100 independent panelists. Attorneys have the option to include more panelists. If there are certain demographics that a lawyer wants to get responses from, they can choose to have panelists from different locations or backgrounds. As they view the video and supporting materials, their emotions are captured and they respond to a post-video survey regarding case value. After the process is complete, attorneys are able to view audience responses in real-time and receive a comprehensive Valuation Report.
EmotionTrac goes further than just capturing panelist reactions. They record the panelist’s exhibited emotions every second, then use an AI facial coding system to identify the muscles in the face to interpret micro expressions. Now, attorneys have the chance to determine how each individual panelist emotionally reacts to their case, as well as other insights.
How Does This Tool Change How an Attorney Builds Their Cases?
Many attorneys go by their instincts to determine what parts of a case are helpful for a jury or other aspects of litigation and what parts are not. But instincts are not always right, and technological tools like EmotionTrac give lawyers the opportunity to test their instincts early on in case development. Now, based on the data collected from panelists, attorneys can tweak their story, their discovery, and every aspect of depositions.
Since each panelist participates from their own homes, EmotionTrac also helps attorneys cut down on things like travel time and expenses that are often required when organizing a focus group. And, unlike a traditional focus group, there is no group bias. When your respondents are all sitting together in a group, it can create bias due to potential influence from their groupmates’ reactions.
This service is typically used as a complement to other resources, such as focus groups and trial consultants, that are often used later on in the litigation process. It is not a replacement, but a supplementary tool that helps put attorneys ahead from the start. Attorneys can get a better understanding of what is persuasive, not just what is relevant, because information that is relevant for a case may not persuade the jury to lean in your client’s favor. Instead, lawyers can make decisions based on emotional engagement.
For attorneys who choose to embrace new technology in the legal field, services like EmotionTrac can gain ground in the early stages of working a case. Understanding how a case is perceived from the beginning helps lawyers ensure they are investing time and resources into what is actually necessary, instead of potentially following an unsatisfactory angle and having to switch gears later. It can also help attorneys achieve a better understanding of possible juror attitudes far before a case moves on to trial. While one lawyer may need to change their approach just before or during the trial process, the one who utilizes new technology is already on the right track.
“There’s so much stuff that we haven’t even come up with yet, but I think that looking at things like your company [EmotionTrac], I look at that and say, ‘I would’ve never thought that was even possible. Now I know it is.’ What else is possible that I think is not possible?” David said. “Let’s go and let’s lead the pack.”
After the Crash Podcast: A Legal Resource for Truck Wreck Victims
After the Crash is currently ranked No. 6 in personal injury podcasts on FeedSpot. It is the highest-ranked podcast focusing on personal injury resulting from commercial vehicle and truck wrecks.
The podcast was launched over five years ago, in the fall of 2020, by attorney David W. Craig. It educates and empowers listeners in a digestible format. It is primarily aimed at the victims and the families of victims of semi or other large truck accidents.
It is David’s goal to equip listeners with the knowledge necessary to navigate this tough time in their lives. Anyone — truck wreck survivors, legal professionals, healthcare workers, and anyone in between — can tune into After the Crash for free.
A new episode is released monthly, featuring a guest with an important perspective. In each episode, David interviews individuals involved in commercial motor vehicle cases, or experts whose skills are crucial to understanding trucking cases.
Episodes are posted on YouTube, Spotify, Amazon and Apple Podcasts, and the Craig, Kelley & Faultless website.
Get to Know the Guest: A Legal Innovator
Jonathan Brickman is the Chief Revenue Officer of EmotionTrac, a company that analyzes reactions from the general public to help improve attorneys’ chances of winning their cases. EmotionTrac allows attorneys to gain insight into how people will emotionally react to their case narrative before going in front of a jury.
Watch his appearance on episode 81 of After the Crash on YouTube.
Injured After a Truck Wreck? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired. Additionally, two of the firm’s litigation paralegals are board-certified in truck accident law by the Academy of Truck Accident Attorneys. As David has said, “We don’t just handle truck accident cases. We specialize in these cases.”
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
Reach out for a free case consultation today at (888) 253-5198 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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