Before any serious personal injury case, whether it be an automobile personal injury case, a medical negligence personal injury case, or a products liability personal injury case, a process occurs wherein the lawyers are allowed a limited number of questions to the individuals who are candidates to sit on the jury trial of a serious personal injury case. This process is called voir dire.
This process is one of the most important aspects of a serious personal injury trial and serious personal injury attorneys should concentrate on getting as much information during this process as they possibly can before the serious personal injury trial begins.
In a recent case, which I handled on behalf of our firm, our client was in a serious automobile accident that resulted in serious injuries to her. More and more, insurance companies who defend serious personal injury cases are refusing to compensate personal injury victims who have been in serious personal injury accidents in a way that they are entitled to. This results in personal injury trial attorneys having to go to court and try a lot more cases. We recently had this experience on behalf of our client and the trial court at the beginning of the personal injury trial allowed me to ask the potential jury how many of them believed that there were too many frivolous personal injury cases being filed in America today. When I asked the question, 11 of the 15 people raised their hands, indicating that they believed that there were too many frivolous personal injury trials being filed in America today.
The judge then allowed me to have an extensive discussion with each of them about why they felt that way and what about personal injury cases made them think they were frivolous. This gave me the opportunity too "pre argue" why my personal injury accident trial was not frivolous and why they should award my client the compensation that she deserved.
Ultimately, of the seven individuals who comprised our jury, six of them had raised their hands when asked about frivolous lawsuits. Even though six of the seven jurors felt that there were too many frivolous lawsuits being filed in America today, they returned a verdict for my client in the total amount that I requested them to, $194,000. This occurred in a case where I had only asked the insurance company to compensate my client in the amount of $60,000.
The lesson that we learned in this serious personal injury accident trial was that the more information you can get from your potential jury before actually beginning a serious personal injury trial the better the results will be for you.