Characteristics Of Your Personal Injury Case That Affect The Jury's Emotions

Law Blog

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.


29 September 2015

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