Tailoring a Defense Strategy to a Millennial Jury

Admitted to the Virginia State Bar and the 4th Circuit Court of Appeals, Claire C. Carr currently serves as managing partner and vice president of Kalbaugh, Pfund & Messersmith in Richmond, VA. Since joining the firm in 1992, lawyer Claire C. Carr has defended both insurance carriers and insured individuals in approximately 75 jury trials.

In a jury trial, the jury itself is an important factor in a defense strategy, and as jury pools change over time, defense lawyers must plan and execute their strategies accordingly.

Generally defined as the group of individuals born between 1981 and 1996, millennials are now the most populous generation in the United States. Because they are a growing presence in the workforce and society, they play an increasingly important role in jury pools.

Though they are typically more educated and more racially diverse than older generations, millennials are less likely to be religious or to have served in the military. They tend to process information rapidly and visually, which means attorneys would do well to use sound bites and rely heavily on technology. Because millennials place a high emphasis on personal safety, trial lawyers should organize a defense strategy that considers what millennial jurors might think of an employer’s ethical commitment to a safe workplace.

Virginia Orders 30-Day Response Time for Workers’ Compensation Claims

An accomplished attorney based in Richmond, VA, Claire C. Carr has served as the managing partner at Kalbaugh, Pfund & Messersmith, P.C., since 1990. Recognized as a Virginia Super Lawyer in three consecutive years, Claire Carr defends insurance carriers, privately owned employers, and other clients in workers’ compensation matters.

Recently, the Commonwealth of Virginia passed a new workers’ compensation law that affects employers after a work-related accident occurs. The new law, §65.2-601.2 of the Workers’ Compensation Act, took effect on July 1, 2020, and states that an employer must advise an employee who has filed a workers’ compensation claim about whether the claim will be accepted or denied within 30 days of the filing. In addition, the employer must specify the reasons for the denying a claim.

In those cases where an employer needs more information in order to make a decision on a claim, it must notify the employee of the specific information required for such a decision. The new law also permits employers to send the required notice to the employee via email, with their consent.

The new law takes effect after an employee files a claim with the Virginia Workers’ Compensation Commission, which will then issue a 30 Day Order to the employer. An employer who fails to respond to a 30 Day Order could face a fine ranging from $500 to $5,000.