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Personal Injury Law Topics / Jury Selection

SYNOPSIS: Before a personal injury case is tried, the attorneys get to ask questions of the prospective jurors to ensure that they are all unbiased.  In my opinion, jury selection is the most difficult tasks in a personal injury trial. This is because an attor
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Before a personal injury case is tried, the attorneys get to ask questions of the prospective jurors to ensure that they are all unbiased.  In my opinion, jury selection is the most difficult tasks in a personal injury trial. This is because an attorney has no control of the jurors as he or she has had with the case.  Are the jurors telling the truth when being questioned?  One would hope so.  With limited time in which to ask each of the jurors various questions about their personal views, I have made it a point to always ask what their thoughts are about tort reform and whether there are too many lawsuits that are being filed.  since I routinely represent the plaintiff, it is valuable for me to learn whether any of the jurors would hold it against my client because he or she was the one who brought the lawsuit.  Moreover, I want to determine whether any of the prospective jurors are able to provide compensation for pain and suffering.  Believe or not, many prospective jurors will only provide the plaintiff reimbursement for medical bills and loss of earnings and will NOT give an injured person any money for pain and suffering.  The usual response is that it is either to difficult to measure or that the injured party has been dealt those cards and simply must deal with the pain.  Of course, the law provides the plaintiff to be compensated for pain and suffering.  If a prospective juror states that they are unable to provide that compensation, then that individual will be removed by the judge. Because of this lack of control and the inability to really get to know each of the prospective jurors, I could only hope that at the end of the day, the jury that sits on my particular trial is truly unbiased and looks to provide justice.

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