The Role of the Jury in Personal Injury Law
Belief in the Jury System
The tradition of using juries to try cases in court dates back to the time of ancient Greece, when juries of between 500 and 1,501 citizens were called upon to decide upon the facts of the cases that were presented. This institution was enshrined as a fundamental aspect of the rights of an English citizen in 1215 with the signing of the Magna Carta, which secured the right to jury by a trial of peers.
Juries have always played a fundamental role in the legal system of the United States, and the right to trial by jury is, in fact, one of the reasons the Founding Fathers cited in the Declaration of Independence for revolting from Britain. At The Robert Pahlke Law Group, we have a deep and abiding respect for the jury system due to the fact that juries bring an aspect of fairness to the courtroom that would not otherwise be available.
Will my personal injury case be decided by jury?
Whenever it is possible, we seek to settle a client's personal injury or
wrongful death claim out of court. If we can present a sufficiently powerful case to compel the insurance company to pay you the amount you deserve without the necessity of litigation, then we are happy to accept this result as it is both faster and easier for everyone involved. If, however, the insurance company refuses to cooperate by paying you a fair settlement, then we do not hesitate to bring the case to a full trial. When this happens,
our task is to convince the members of the jury to rule in your favor based on the evidence we present.
What does the jury do?
The role of the jury has been described as being the "finder of fact;" they are the group charged with the duty of sifting through the evidence presented by both sides and establishing by a preponderance of the evidence what actually took place in the case. Based on instructions provided to them regarding interpretation of the relevant laws, the jurors are directed to decide whether to rule in favor of either the plaintiff or the defendant.
In assembling the jury out of members of the community where the accident took place, the goal is to achieve a ruling that conforms to the standards of that community. If certain actions are deemed negligent or reckless by people in that town or city, this common opinion should be reflected in the jury's verdict. According to the Nebraska Judicial Branch, a jury must achieve a unanimous verdict in order to rule on a case; however, in the event that this cannot be achieved within six hours of deliberations, the ruling can be achieved through a verdict of 5 out of 6 or 10 out of 12 jurors, depending on the size of the jury.
Let an Experienced Trial Lawyer Fight for You
Our Nebraska personal injury attorneys have more than 85 years of combined courtroom experience, and during our careers we have argued numerous cases before juries similar to the one that might hear your case. If you want aggressive legal representation from an attorney who knows how to get results, then
contact us now for a free initial consultation to begin working on your case.
Call The Robert Pahlke Law Group at 888-514-4138!