Over the past several decades there has been a public assault against civil trial lawyers. The word tort reform has become a sugarcoated way of affecting the minds of the public and jurors that they are being harmed by high or moderate verdicts for plaintiff's in our court system. The liability insurance companies spend billions of dollars to wage this war via the press, and conservative political parties. During jury selection some jurors are even questioned about their feelings of personal injury cases , and express opinions that high verdicts are somehow harming society and their bottom line.
Jury selection is the time for a plaintiff's trial lawyer to deal with these problem jurors. For example a question for a jury panel should be " does anyone here feel that jury trials for plaintiff's in personal injury cases are harming society. Does anyone feel that they could not award a fair amount of money for the harm proved , if it is a large amount of money? " "How do you feel about that sir or mam ?"
Many jurors will say that they cannot award above over a certain amount of money or don't believe in large verdicts because they feel that some plaintiff's are greedy and not truthful .
A preemptory challenge , is a way in which an attorney can remove those jurors from the case . Another alternative is to go to the judge and ask the judge to remove those jurors who hesitate to award money even if the case is proved. This is called a " challenge for cause ".
Jury selection is the first part of any civil negligence trial , and may be as important as the evidence itself.
Edward Lemmo Esq. at Lemmo Law is a senior partner who has selected and tried hundreds of cases and achieved millions of dollars in verdicts .
Ed Lemmo knows how to deal with the problem juror , and in this way can give you the injured client the best possible chance for recovery .
If you have been harmed or injured as a result of an accident , call us today at 646-522-9082 and let us evaluate your claim.