Jury trials are a cornerstone of the American judicial system. In civil trials, plaintiffs have a right to request a jury, but they do not have to. If a personal injury plaintiff wants a jury trial, jurors must be selected and empaneled. The exact number of jurors a plaintiff needs may vary from state to state.
In New York, civil injury trials normally require 6 jurors. However, more may be selected as alternates if another juror is unable to fulfill their civic duty. However, if a plaintiff instead opts for a bench trial with the judge acting as the trier of fact, no jury is needed. If you have a jury in a civil trial, the verdict need not be unanimous. At least 5 out of the 6 jurors must agree on the verdict.
Receive a free case evaluation from our New York personal injury attorneys at The Carrion Law Firm by calling (718) 841-0083.
The Number of Jurors in New York Civil Trials
A trial by jury is a crucial element of our legal system that provides more transparency in the courtroom. While legal professionals might prepare claims and run the courtroom, the verdict is ultimately in the hands of the people. Juries involve groups of people selected from the community, and the number of jurors needed is different for different cases.
Most people are likely familiar with criminal cases and how they usually require 12 jurors. Civil trials follow different rules, and many may proceed with as few as 6 jurors. If you want a jury trial in a civil personal injury case, you must indicate so when you file your case with the court. Otherwise, no jury will be selected.
While only 6 jurors will render a verdict, more may be selected during the jury selection process. Extra jurors may be designated as alternate jurors and step in if another juror cannot fulfill their duties.
It is also possible to have a trial without any jurors. As said before, you must indicate to the court that you want a jury trial when you file your case. If you do not, you may have a bench trial where the judge acts as the trier of fact and renders a verdict.
How Many Jurors Need to Find in Your Favor in a Civil Trial
If you have ever seen or participated in a criminal trial, you know that the jury must reach a unanimous verdict. If even one jury disagrees, the jury must continue deliberating. This rule does not apply in civil cases, and unanimous verdicts are not required.
In New York, a civil jury does not have to agree on the verdict unanimously. Instead, only 5 out of the 6 required jurors must agree. If more than 1 juror disagrees with the others, they must continue deliberating. If at least 5 jurors cannot reach the same decision, the case might be declared a mistrial, and our New York personal injury attorneys would have to start your case over with a new jury.
Selecting Jurors for Civil Personal Injury Trials in New York
Selecting jurors is an important step in the judicial process, and both the plaintiff and defendant may have some control over who is chosen.
For a civil trial, we need at least 6 jurors, but we may also select alternates. Alternatives are important as they can step in if another juror becomes ill or must be dismissed from the case.
According to court rules in New York, jurors are not designated as trial jurors or alternate jurors until the end of the case. Before deliberations begin, the court will randomly select the names of 6 jurors and allow them to deliberate. Any remaining jurors will act as alternates if a trial juror cannot deliberate.
During the jury selection process, we may challenge certain potential jurors and prevent them from being selected.
First, we can challenge certain jurors if there is just cause. For example, if a juror expresses a bias that might make them less than impartial, they can be dismissed. Next, we can use peremptory challenge to dismiss jurors without the need for explanation. This is often used when jurors give you a gut feeling that they are not impartial.
Do I Have to Have a Jury Trial for a Civil Personal Injury Case?
While you have the right to request a jury trial in a civil case, you do not have to have one. You may have a choice in the matter, and you should talk to your attorney about how you should make that choice.
While you have the right to a jury trial, juries are not automatically arranged when you file a case. Generally, we must indicate to the court when we file the case that we want a jury trial. If we do not submit the correct paperwork, no jury will be assembled.
Whether you need a jury trial is your choice, but you should talk to a lawyer before making any final decisions. In some cases, plaintiffs would rather avoid jury trials because the facts are evidence are so complex that a jury might have difficulty understanding what happened. In other cases, plaintiffs might find jurors more sympathetic if the case is emotionally charged.
How Long Jury Selection Might Take in a Civil Injury Case
Jury selection is an important step that can take time to complete. How long it takes to pick a jury may depend on multiple factors.
Complicated cases can be difficult to handle, and potential jurors might have trouble understanding them. In such cases, finding a suitable jury might be harder and take longer.
Jurors must remain impartial, but if a case involves certain political or otherwise divisive topics, there could be a significant potential for bias. If lots of people have a hard time remaining impartial, we might need more time to pick a jury.
Another problem is the media in some cases. If the case is highly publicized, finding impartial jurors may be difficult, as people in the community might have extensive knowledge of the case before they enter the courtroom.
Call Our New York Personal Injury Attorneys for Help
Receive a free case evaluation from our Brooklyn personal injury attorneys at The Carrion Law Firm by calling (718) 841-0083.