Frank Branson Discusses How to Handle a Trial with a Deceased Plaintiff on Law360

Handling a trial for a deceased plaintiff may be one of the toughest challenges for any trial lawyer. Law360 recently sought out attorney Frank Branson for his insight into making these challenging cases resonate with juries. Below is an excerpt from the Law360 article, “How To Win A Trial With A Deceased Plaintiff.”

Even if a jury is going to find for the plaintiff on liability, convincing them to award sufficient damages in the case of a deceased plaintiff is a matter of getting the jury to connect to the decedent so deeply that they actually feel their loss, according to Frank Branson of The Law Offices of Frank L. Branson.

“You don’t have the injured party to put on the witness stand and have them tell the jury how they hurt, how severe the pain has been, what they’ve tried to do, what they can’t do,” he said. “And in effect, you have to work hard at bringing the deceased back to life, for the jury, for the short period of the trial.”

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