If your personal injury case goes to court, you need an experienced attorney who can handle voir dire and other tasks.
Trial by “a jury of one’s peers” is something we more commonly associate with a criminal trial than with a civil matter. However, if your personal injury claim cannot be successfully resolved in negotiations and you end up going to court, juror selection just might play an important role in your case. It is essential to have a personal injury attorney with ample courtroom experience on your side, in order to make sure that juror selection as well as multitudinous other tasks related to preparing and presenting your case in court are attended to properly.
Understanding Voir Dire
The juror selection process for a civil or criminal trial is called “voir dire.” This French term basically means “speak the truth,” which is fitting because in this process the prospective jurors are required to truthfully state any opinions or prejudices that may affect their ability to serve as a fair and impartial juror.
The jurors for the case will be drawn from the “jury pool” of individuals who have been called up for jury duty within the jurisdiction where the case will be tried. The judge will begin by asking some basic questions concerning the jurors’ ability to serve on the case. For example, the judge might ask whether any of the jurors know either the plaintiff or the defendant or any of the witnesses, as such a relationship could easily color their perception of the case. The judge can excuse any juror he or she believes is not fair or competent to serve.
Next, the attorneys for both sides will have the opportunity to ask questions of the jurors to try to uncover any hidden prejudices. For example, in a personal injury case the attorney for the defense might want to know if any jurors have ever had a personal injury claim of their own, as this could prejudice them in favor of the injured victim. Similarly, the attorney for the plaintiff might want to know if any jurors or their close family members have ever worked for an insurance company, as this might predispose them to side with the insurer over the victim. The attorneys may each make “preemptory” challenges to remove any jurors they feel might not be fair and impartial in the case.
Why Hire Fernando D. Vargas
It takes skill and experience to understand the questions that must be asked to uncover hidden prejudices and weed out unfit individuals from a jury. Fortunately, with decades of experience under his belt, you can rely on Fernando D. Vargas to handle voir dire properly and professionally. As your personal injury attorney, he will do everything in his power to ensure you are treated fairly by the court and provided with the best possible chance of securing full and fair compensation for your suffering.
