About the Jury of a Florida LawsuitSometimes, personal injury cases cannot be settled in pre-suit negotiations. This is when the injured victim should consider filing a law suit. This is an important decision and needs to be discussed with an attorney. An accident trial lawyer will inform you of the lawsuit process, including the jury's role and responsibilities.
The trial lawyers at the Coye Law Firm want to help you resolve a personal injury claim. Our team knows that sometimes the only way to do that is through filing a lawsuit. Our Florida injury lawyers want to help individuals and families through their claims, from negotiation to lawsuit. Call our office today.
About the Jury
The American justice system is based on the idea that everyone is entitled to a fair trial. To that end, the jury must be impartial and a representative sample of the local population. A common method for selecting juries is to reference a list of the state's licenses drivers, registered voters, or other governmental reference list.
Choosing a JuryDuring a civil lawsuit, there are many phases that the case must go through before making it to trial. One of those phases is jury selection. Once the court summons a group of jurors, the groups has to be narrowed down to jurors eligible to serve during the specific case. This process is called "voir dire" .
The judge addresses the jurors and tells them a bit about the case. He or she will also discuss the jury instructions, which are a standard set of rules that they must follow. You can view Florida's standard jury instructions online at the Florida Supreme Court website. If the jurors are unable to be there for the whole trial, they may be eliminated from the pool. Each attorney has the chance to ask questions as well. This helps eliminate jurors who are partial or have preexisting prejudices
relating to the trial.
Information Shared with the JuryOur justice system may be based on the idea that juries are impartial, but that isn't always the case. After all, people have ideas and thoughts about claims and liability, so their opinion is mixed with some of the facts. In order to keep the jury focused on the issues at hand, Florida has what is known as a "nonjoinder" statute.
According to FL §627.4136, "the insurer's presence shall non be disclosed to the jury" when an accident victim's claim for benefits is brought to the courtroom. In the past, juries tended to side with plaintiffs if they knew that the defendant had insurance to pay for the settlement. These days, the jury can still award a settlement to the plaintiff, but they are unsure whether it's the defendant or their insurance company paying for it. The settlement proceeds can come from the defendant's insurance company, but the jury doesn't know that.