Case Studies | Legal.EmotionTrac.com

CAR ACCIDENT

Customer Success Story

Plaintiff was stopped at a traffic-controlled intersection waiting to turn left. Defendant, who was driving a tractor trailer for his employer, failed to execute a proper left turn and his trailer struck the Plaintiff’s vehicle. The impact caused damage to Plaintiff’s vehicle and injury to plaintiff.

The firm was concerned with the low visible property damage on the Plaintiff’s vehicle and it would create a bias when considering case value.

The firm used EmotionTrac’s AI analysis and metrics platform to test dashcam footage from Defendant’s vehicle along with other materials to determine how a mock jury would value this case.

It was the intention of this research to identify, clarify and inform the law firm regarding the level of viewers’ general feelings towards the content, and specifically, to help the legal team style significantly informed decisions regarding valuation and other factors related to case strategy and development.

We also gathered viewers’ responses to a series of closed-ended questions related to
the content and designed to shape the overall story:

Based on the story you’ve just watched, what compensation would you award the plaintiff?

In making your selection for the award amount did the low property damage impact your answer?

The firm utilized our demand letter testing to compile their mediation packet. The plaintiff received a settlement that was 10x over the initial offer. Defense settled for an amount that was within the range of the highest awards recommended by the panelists during the EmotionTrac test.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.

TELEVISION ADS

Customer Success Story

A nationally recognized personal injury law firm headquartered in California employs advertising campaigns as part of their marketing mix to drive their business efforts. The firm was interested in making some changes to their TV ads which was to include a new 800 number. The primary goal is to improve the impact of their TV advertising and intake on their inbound calls and result in increased lead generation.

Through a third-party market research company, the firm contracted EmotionTrac. They wanted to learn if the emotional analytics and insights software could help provide a quantitative layer of feedback to validate their findings and support their new ads.
It was also important for the panel audience to reflect the demographics of a specific County. This requirement was to be employed during the EmotionTrac testing to gather the relevant data and insights to achieve the desired objectives.

Traditional market research is very effective but falls short with respect to gleaning unbiased sentiments. Selecting a law firm to represent someone after an accident is emotional and it was important to tap into these emotions with the intended advertising campaign.

What moments in the video resonated best with the target audience?

Which of the 3 ads delivered the most emotional impact and recall amongst viewers?

Did the insights gleaned from EmotionTrac align with the more traditional research results?

The firm was able to successfully select a new 800 number and implement a new advertising campaign. Inbound leads have increased more than 1,000% over the previous TV advertising campaigns since implementing the recommended changes.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.

DISTRACTED DRIVER

Customer Success Story

The defendant was driving as she approached an intersection with a stop sign that was clearly marked that cross traffic does not stop. Because she was talking on her cell phone to her boyfriend, she was distracted and drove right through the stop sign. She hit the plaintiff’s vehicle, which resulted in a high-speed rollover crash.

The plaintiff suffered serious injuries from the crash. Several discs in his neck and lower back were damaged and he sustained a traumatic brain injury to his frontal lobe. These injuries resulted in long term treatment and several surgeries over the course of many years.

With only 48 hours preceding jury selection, the plaintiff law firm was seeking emotional analytics and insights to learn how a potential jury would respond to the facts in the case.

It was also important to include various demographic groups in the panel audience to test for potential jurors and inform jury selection.

The injured in this accident was a Latino Man and the defendant was a White Woman; therefore, it was agreed to test the content among three ethnic groups: White, Black, and Latino with an even male/female split to adequately test the various demographics.
The size of panel audience was increased to adequately test each demographic group’s respective sentiments to the proposed case materials and legal argument. The gathered insights from EmotionTrac were needed to inform case strategy and jury selection.

Furthermore, the testing also included responses to a series of closed-ended questions relating to the video message/content designed to shape the Narrative:

Does the fact that the defendant is not contesting any of the facts presented in this case influence your opinion on what are fair damages?
If you were the Juror, what would you compensate for medical care?
Do you believe $80 million for human damages is a fair amount?
What do you think is a reasonable amount to compensate for human damages for the past 3 years + 21 additional years of his projected life expectancy?
How strongly did the fact that the defendant was talking on her cell phone while driving impact your answers?

A verdict was returned for the Plaintiff in the amount of $120 million. The law firm utilized the insights gathered from EmotionTrac to identify a juror profile that supported the plaintiff’s case. In addition, the results from the EmotionTrac focus group supported a higher case valuation than what the attorney had originally planned for.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.

AD TESTING

Customer Success Story

The firm was already running three difference versions of video ads on Facebook with high pay per click costs.

Will the ads resonate with a test audience?

How do various demographic groups engage with each of the ads?

Utilizing data and valuable insights gleaned from the EmotionTrac’s AI software, the attorney tweaked one ad, ditched another and changed his targeting on his Facebook ads. One ad discussing a sexual assault case was retargeted to woman 18-50. Another ad focused on an ad discussing an overhead door accident was retargeted to males only.

Almost immediately, the attorney achieved lower pay per click costs along with more qualified leads. This was achieved from the testing and adjusting the ad spend on retargeting to the audience types as recommend by EmotionTrac.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.

DRIVER NEGLIGENCE

Customer Success Story

A car was stopped second in line at a traffic light off the highway ramp. The truck driver exiting the highway failed to stop. The truck rammed the idling vehicle and in turn that car smashed into the vehicle in front. The driver in the car who had received the direct impact from the truck sustained injuries which was paid by insurance. The injured ultimately required an additional surgery which the insurance company refused to pay.

Determine the value of the case.

An attorney from the law firm, Rafii & Associates, utilized the EmotionTrac AI focus group platform to gain insights. It used their panel audience as a mock jury to determine valuation for his case before going to trial.

The attorney, who had initially planned on taking the case to trial, was able to settle with opposing counsel during mediation for the sum of $1 million based on the insights delivered by the focus group results.

Takeaways:

• The mock jury was highly empathetic to the plaintiff.

• The post video survey conducted returned a recommendation of a $1 million award.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.

CRIMINAL

Customer Success Story

The defendant was charged with attempting to sexually assault a female employee in a hotel room.

The accuser in question (the complainant) gave a video recorded statement to law enforcement outside the hotel where the said incident allegedly occurred after the defendant was arrested. The statement was recorded using the audio and video of the dashboard camera of the police car. In the recorded statement, the complainant recounted her version of events.

The complainant’s version of the events was that she traveled to the hotel with her boss (the defendant) in preparation of business meetings, and the defendant reserved only one hotel room for the two of them. She agreed to share the room. They went out for dinner, consumed several alcoholic drinks, and returned to the room.

The complainant stated that the defendant attempted to inappropriately grope her while she was lying in bed unclothed from the waist down. She left the hotel room, went to the lobby bar, ordered a drink, and contacted an attorney and several friends before calling 911.

The defendant was arrested and taken to the local jail. The complainant hired a civil attorney upon her return home to represent her in a civil suit against the defendant.

Without subjecting the defendant to the high cost of a mock jury or a jury consultant, how would the defense attorney gain insights about the alleged events to prepare for the following:

How will a mock jury respond to the complainant’s story?

Will the jury find the complainant credible?

What juror profiles will be best suited to support the defendant’s case?

The attorney for the defendant selected the relevant portion of the complainant’s video recorded statement and used this content to create and execute a focus group with EmotionTrac’s software.

Utilizing data and valuable insights gleaned from the EmotionTrac’s AI software, the attorney developed a theory of defense and a profile of favorable jurors. EmotionTrac allowed the defense to analyze the reactions to the complainant’s story and to properly gauge and assess the credibility of the complainant’s testimony by observing the sentiments at various points of the complainant’s version of events.

Armed with insights from the EmotionTrac test, the attorney was able to select relevant jurors that fit the suggested profile and proceeded with the informed theory of defense that the complainant had fabricated the allegations to gain a financial advantage.

The trial lasted two days. The jury deliberated only 1 hour before returning a verdict of Not Guilty, a full win for the defense.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.

SLIP & FALL

Customer Success Story

The plaintiff was shopping in a Walmart when they slipped on a milky substance directly in front of an enclosed dairy cooler.

The plaintiff suffered serious injuries from the fall including damages to her back, arm, and shoulder. She had extensive treatment following the incident, which included multiple surgeries.

The firm was interested in testing its argument that Walmart was negligent on several fronts. Using our software to glean insights, the firm wanted to learn how an independent panel would support its claims that Walmart was negligent with respect to the dairy cooler and maintenance of its floors.

It was the intention of this case preparation research to identify, clarify and inform the Law Firm regarding the level of viewers’ general sentiment to the content. More specifically, the goal was to sort the testing intelligence so the Legal team could craft an informed decision regarding Jury Selection and case strategy and development.

Furthermore, we also gathered viewers’ responses to a series of closed-ended questions relating to the video message/content designed to shape the Narrative:

Did you see the outline of a footprint in the substance on the floor?

Did the area appear to be in a dangerous condition that caused the injuries?

Do you feel this animation helps you understand how the injuries occurred?

A verdict was returned for the Plaintiff in the amount of $2 million. The firm utilized the testing insights to identify a juror profile that supported the plaintiff’s case. Additionally, the results from the EmotionTrac focus group supported a higher case valuation than the attorney originally had planned for.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.

TRUCK FATALITY

Customer Success Story

The defendant was driving 37-mph in a 50-mph zone. The plaintiff appeared to be distracted as he approached the defendant’s vehicle from behind. At the last moment, the plaintiff swerved out of the way in an attempt to avoid colliding with the defendant’s vehicle. The impact resulted in a rollover crash. The plaintiff passed away as a result of their injuries.

The dash cam footage in the plaintiff’s vehicle was unclear as to whether the plaintiff was distracted and if so, what caused the distraction. The firm, who represented the defendant, utilized EmotionTrac to query a mock jury’s interpretation from the dash cam footage and what may have distracted the plaintiff.

It was the intention of the defense attorney’s discovery to identify, verify, and assess the case and structure their strategy. More specifically, the goal was to establish fault percentage for both vehicles.

In addition to capturing emotional reactions to the dash cam video, viewers responses were collected via survey questions. These survey questions and answers were used for the purpose of shaping the defense’s case strategy.

What do you think the driver was doing prior to the accident?

The driver of the front vehicle was going 37 mph in a minimum 50 mph zone and a maximum 70 mph zone. What percentage of fault would you assign the front vehicle?

What percentage of fault would you assign the back vehicle?

The firm utilized the test results to further its argument that the plaintiff was distracted and ultimately could have avoided the accident.

Case materials are delivered via a mobile application to an unbiased and independent mock jury. This virtual audience consists of an opted-in panel; a minimum audience size of 100 participants. The EmotionTrac technology captures instant emotional reactions based on the viewers’ reactions to the exhibits and other materials presented. Data science is used to analyze and deliver meaningful insights that prove invaluable for trial preparation.