Zaner Law Attorney Kurt Zaner Featured in Forbes Article on Data-Driven Trial Strategy
Technology and data are changing how personal injury attorneys prepare cases, evaluate damages, and approach settlement negotiations. Rather than relying solely on past verdicts and professional judgment, trial lawyers are increasingly turning to large jury focus groups to better understand how people respond to evidence and assess the value of an injury claim.
Kurt Zaner, a Denver trial attorney at Zaner Law Personal Injury Lawyers, recently shared his perspective on this approach in a Forbes article examining how data-driven trial strategies are influencing personal injury litigation.
Kurt Zaner Shares His Perspective on Big Data in Forbes
In the Forbes article, published October 5, 2026, Zaner discusses how large-scale jury research can help attorneys answer important questions before entering a courtroom.
“Big Data helps take the guesswork out of some of the most important strategy questions – what kind of jurors will be helpful/harmful, and how much will folks value the damages at?”
His comments highlight an important challenge in personal injury litigation: determining how a jury might respond to a particular case. Every personal injury claim involves different circumstances, evidence, and losses. Even when two cases involve similar injuries, jurors may interpret the evidence differently or assign different values to the harm suffered.
Data-driven research allows attorneys to explore those differences before trial and develop strategies based on actual feedback rather than assumptions.
For Zaner, whose courtroom experience includes securing a $16 million premises liability verdict recognized as the largest in Colorado history, understanding how jurors evaluate evidence is particularly relevant to preparing high-stakes injury cases.
What Is Big Data in Personal Injury Litigation?
In the context of personal injury lawsuits, Big Data refers to collecting and analyzing responses from large groups of potential jurors to understand how they evaluate a case.
Traditional jury focus groups often involve approximately 10 to 15 participants. Larger studies may include 75 to 300 people, providing attorneys with a broader range of opinions and responses. Participants review evidence, hear arguments from both sides, and answer questions about liability, credibility, and damages.
Attorneys can use this information to identify:
- Which evidence jurors find most persuasive
- How jurors respond to arguments from the plaintiff and defense
- Whether certain witnesses appear credible
- Which facts influence decisions about responsibility
- How jurors evaluate medical expenses, pain and suffering, and other damages
- Whether different trial strategies affect potential verdicts
The quality of the research depends on how participants are selected, whether the evidence is presented fairly, and how carefully the results are analyzed.
How Data-Driven Strategies Can Influence Personal Injury Settlements
One of the most important uses of jury research occurs before a case reaches trial.
Settlement negotiations often depend on how the parties assess the strength of the evidence and what they believe a jury might award. Insurance companies and defense attorneys may arrive at very different valuations than the injured person and their legal team.
Large jury studies can provide another perspective on those competing estimates. For example, an attorney might believe that a particular medical record or witness statement will strongly influence a jury. Research could reveal that participants find another piece of evidence more convincing.
These insights can help lawyers develop settlement positions that more fully account for the strengths and weaknesses of a case. The data may also reveal that a claim is less persuasive than anticipated. Recognizing those weaknesses early can help attorneys make informed decisions about negotiation and trial preparation.
The Future of Data-Driven Trial Preparation
As jury research becomes more accessible, data-driven strategies may play an increasingly important role in personal injury litigation. The Forbes article also discusses smaller-scale studies that can help attorneys evaluate cases when larger research projects are impractical.
Although these studies cannot eliminate uncertainty or guarantee a particular outcome, they may provide valuable information about how potential jurors view the evidence.
Technology can support an attorney’s decision-making, but it cannot replace legal knowledge, trial experience, or an understanding of the person behind the case. The challenge is using that information thoughtfully while keeping the injured client’s needs and circumstances at the center of the strategy.
Contact Our Denver Personal Injury Lawyers at Zaner Law Personal Injury Lawyers for Legal Help
At Zaner Law Personal Injury Lawyers, our Denver attorneys draw on extensive personal injury litigation experience to represent individuals and families facing the consequences of serious accidents. Having recovered millions of dollars for our clients, we understand the importance of building a well-supported case and pursuing compensation that reflects the harm suffered.
If you’ve been involved in an accident, contact Zaner Law Personal Injury Lawyers today to schedule a free consultation with a Denver personal injury lawyer.
We are located in Denver, CO, proudly serving all of Denver County.
Zaner Law Personal Injury Lawyers
1610 Wynkoop Street, Suite 120
Denver, CO 80202
(720) 613 9706
