Entering into litigation against a negligent party in New York can be daunting for victims. It is important to be prepared and understand what awaits you, especially if you go to trial and your case is heard by a jury.
Your New York civil case will most likely have a jury if you go to trial and want a jury. Juries for civil cases in New York are comprised of six jurors, five of which must agree for a verdict to be rendered. There are pros and cons to having a jury decide your civil case. Jurors tend to be less experienced and more emotional than judges, which can both positively and negatively affect a case. With multiple minds at work, juries may be able to evaluate certain evidence and testimony better. Whether or not you should choose to have your civil case heard by a jury depends on the specifics of your lawsuit. Our lawyers can help you make the best decision for your case so that you can recover the compensation you deserve.
Our attorneys are here to help victims in New York hold negligent parties accountable. For a free case evaluation with the New York personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.
Will My Civil Case in New York Have a Jury?
When you sue a negligent party for damages in New York, it’s important to be prepared for what the litigation process might look like for your case. If your lawsuit goes to trial, it may be heard by a jury in New York.
In various types of cases, including civil and criminal, juries are often a part of the process. When lawsuits go to trial, plaintiffs can generally decide to have their case heard by a jury. Plaintiffs can also avoid a jury trial altogether and simply have a judge decide the case’s outcome. This is known as a bench trial in New York. These decisions arise when going to trial is necessary and settling out of court is not feasible.
Typically, civil trial juries in New York are comprised of just six jurors versus the 12 used in criminal cases. In civil cases, jurors are tasked with deciding whether it is more likely than not that a defendant caused a victim to sustain damages, meaning the burden of proof is considerably lower than that of criminal trials.
Still, the juror selection process can be lengthy, and choosing to have a trial by jury can certainly impact your case against a negligent party. Our Brooklyn personal injury lawyers can help you understand whether or not a trial by jury is good for your lawsuit and help you to make the best decision moving forward in litigation.
What Are the Pros and Cons of Having a Jury Trial in a Civil Case in New York?
There are pros and cons to having a jury trial for a civil case in New York. Our attorneys can explain the various benefits of jury trials and the possible challenges they pose to plaintiffs so that you can feel comfortable moving forward in your personal injury lawsuit in New York.
Multiple Minds at Work
One of the biggest benefits of choosing a jury trial for your civil case is knowing that multiple minds will be at work. Jurors receive instruction from judges, informing them on how to evaluate evidence and make decisions. Some evidence and testimony can be difficult to assess. When multiple minds analyze a case, it may favor a plaintiff. As opposed to criminal trials where unanimous jury decisions are required, civil cases in New York require that five out of six jurors agree to reach a verdict.
Emotional Jurors
Jurors tend to be more emotional than judges, which can benefit plaintiffs that sustained serious injuries because of a defendant’s negligence. Judges are learned in New York law and typically make their decisions on facts and facts alone. On the other hand, juries are comprised of ordinary people who, while instructed only to consider the facts, might allow their emotions to get the better of them. Emotional jurors can work to a plaintiff’s benefit but can also undermine a case, depending on a defendant’s arguments. Our Syracuse personal injury lawyers can handle an emotional jury, so that your civil case is successful.
Lack of Experience
Jurors typically have less experience with legalese, which are the words and phrases attorneys use in legal documents, than judges do. Because of this lack of familiarity with the law, jurors may make decisions that seem incorrect to plaintiffs. Jurors’ possible lack of experience with lawsuits, damages, and negligence, might not bode well for plaintiffs in civil cases in New York. Our attorneys can help you weigh the impact that a lack of experience might have on your lawsuit when deciding to opt for a trial by jury in New York.
Should I Have a Jury Trial for My Civil Case in New York?
Whether or not you should go with a jury trial for your civil case in New York will depend solely on the specifics of your case. Juries are famously unpredictable, so if your case seems cut and dry, our attorneys may advise you to opt for a bench trial. That said, many cases are resolvable without going to trial, meaning a jury may ultimately be a non-factor in your personal injury lawsuit in New York.
Before you decide between a bench trial and a jury trial, you must decide whether or not you want to go to trial at all. Our experienced Queens personal injury lawyers can help you settle with a negligent party out of court, allowing you to recover compensation without going through a trial.
Unfortunately, settling out of court is not always possible, especially when facing a stubborn defendant. If that’s the case, you must choose between a bench or jury trial in New York. Plaintiffs who choose a jury trial and are successful may be awarded greater compensation than those that choose a bench trial in New York.
Call Our Lawyers About Your Civil Case in New York Today
If you require compensation against a negligent party in New York, our attorneys can help. For a free case evaluation with the Albany personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.