Risks of Taking a Personal Injury Case to Trial

Films and television programs frequently feature dramatic trial scenes. Many times, these shows involve criminal trials. On other occasions, the trial scenes arise in personal injury cases. If you only had the entertainment industry as a source of information, you might understandably conclude that personal injury cases frequently end up in trials. In reality, more than 90 percent of all civil cases, including personal injury cases, are settled before they go to trial.

Attorneys (and associated professionals) that are well versed with the judicial system appreciate that a civil trial really is the last resort. Sophisticated professionals, including lawyers with a good amount of experience, understand that because of the inherent risks associated with a trial, every reasonable attempt should be made to settle a personal injury claim.

In the end, when a case goes to trial, a jury of so-called “peers” ultimately are in the position of making a final decision about your claim for compensation. Although every effort will be made to select the most favorable jury, in the end jury selection is more of an art and far from being a science.

In a good number of personal injury cases, there can exist some gray areas – either in regard to the facts or the law. What this means is that a jury reasonably could interpret an aspect of a case in a manner that does not align with the objectives of the injured party.

The attorneys at Harding & Associates are well versed in intelligently evaluating a case. In addition, our lawyers are adept at the settlement negotiation process. Insurance companies and other lawyers understand that we have this experience and tenacity. If you or a loved one has been injured, Harding & Associates schedules no-cost, no obligation initial consultations. You can schedule a consultation by calling 800-878-7888 or 303-762-9500.

Instructions Used by a Jury When Making a Decision in a Personal Injury Case

If you ever find yourself pursuing a personal injury claim, which results in a lawsuit being filed, it is important for you to understand generally the standard applied by a jury when rendering a verdict in this type of case. Of course, a qualified personal injury attorney – like those on the team at Harding & Associates – will advise you of the specifics associated with how a personal injury lawsuit “works.”

At the conclusion of a personal injury trial, a jury is presented with instructions by the judge. These instructions provide the standards and directives individual jurors are required to follow when making a decision regarding a case, when rendering a verdict. In fact, in Colorado, there exist standard jury instructions that are recommended for use in personal injury cases.

With that noted, attorneys for the parties to a personal injury case have the opportunity to suggest instructions to be used by the judge at the conclusion of a trial. In the end, a judge has the discretion to accept or decline any suggestions made by an attorney involved in a particular case. In addition, if the attorney for one party recommends a particular instruction, the attorney for the other party is provided an opportunity to object to that instruction.

Although there is no absolute set number of instructions provided to a jury in a particular case, jurors typically receive about 30 or so instructions from the judge. The judge actually reads the instructions to the jury before they retire for their deliberations. In addition, the jury is provided with a written copy of each instruction for reference during deliberations.

The lawyers at Harding & Associates are available to meet with you if you have suffered a personal injury. We can be reached at 800-878-7888 or 303-762-9500. There is no charge for an initial consultation with one of our experienced personal injury lawyers.