It's easier to settle a personal injury case out of court. However, if the defendant doesn't want to settle the case out of court, you may need to go to trial. If the trial uses a jury, ideally, the jury should rely on only the facts and their understanding of the law when they are determining whether you should be awarded damages and for how much. However, given that the jury is human, emotion will often play a role in the jury's decision.
How the Judge Instructs the Jury
The jury's emotions can lead to them ruling either in your favor or against it. For example, if the jury believes that your injury was minor, it is more likely that your lawsuit will be dismissed. Conversely, if your injuries are serious and permanent, the jury may award you more damages than you expected. The key is to work with your personal injury attorney to sell your story of how the accident has impacted your life.
The Jury's Sympathy for Children
If you're a minor, you might benefit from the jury's tendency to sympathize with children. The only challenge is that children can sometimes behave in a more unpredictable manner, and the defendant may use this as an excuse to argue that the child was at fault. For example, if your child was hit by a car, the defendant might argue that the child ran into the street.
How Terrible the Injury Images Look
Depending on how horrifying the pictures of your injury looks, the jury is more likely to sympathize. If your injury is severe, but does not produce any external, visible symptoms, such as a medical overdose administered by a nurse, images might hurt your case.
Whether the Defendant Tried to Cover Up His or Her Involvement
If you have evidence that the defendant lied or tried to cover up his or her involvement in the accident, this may lead to the jury being more likely to sympathize with you.
How Much Pain and Suffering You Experience
A major area that can be influenced by emotion is pain and suffering. The judge does not provide specific guidelines to the jury other than that the jury use their own background and experience to determine what would be a fair judgement. The jury thinks about how they would feel if they experienced the same injuries and how much they would like to be compensated as a result. For this reason, it is important for you to clearly explain what your injuries have been like and how they have impacted your life.
For legal help, contact professionals like Leen and Emery.Share
29 September 2015
Although many people don't think of having legal counsel as improving their life, I have found that it has really helped me to feel empowered as a business owner. Without my lawyer, it was really difficult to figure out what I could say and what I couldn't say, and it really made things hard when I was out and about trying to make business deals. Fortunately, after I found the right lawyer, things became a lot more straightforward. This blog is all about improving your life and streamlining your business with the help of a great lawyer. After all, you never know when you will find yourself in court.