Jury's Verdict: Victim's Just A Plaintiff
Written by Aiko Rei Mitchell
A court room battle isn't just about who got damages, who have been injured or even who has died among the clients of a personal injury lawyer but also an uphill battle where lawyers are expected to not just show evidence but also show a way of flipping the bias perception of jurors to prove his client's innocence. As lawyers become widely available and their purpose deemed to be getting money from a wrongdoer whether a business, an organization or a wealthy man they have been connoted as people more than “hired gunslingers”.
In a court room, a lawyer must always consider jurors who are plaintiff biased. Though the law states the right of a victim over compensation awards the judgment will still based on this juror. A national survey revealed that 92% agreed that some victims simply wants to get something out of the case. And some cases are simply frivolous in nature.
As this rising perception become a stigma to personal injury lawyers and their clients, a lawyer must be able to develop credibility through showing relevant evidences, sensitivity among the jury members and must have a convincing statements to prove his client's innocence.
There are a lot of things a lawyer must consider before filing the case. One is the credibility of the case. Is it worth pursuing about? As we evolved into “sue me” society 62% of the population agreed that “people are too quick to sue, rather than trying to solve disputes in some way”, jurors shows no sympathy but put the blame on the victim. Thus, a lawyer must consider these before getting a prospective client:
*Past records of a client that will affect jury's judgment
*Client had a record of claims for damages
*Client's medical history
*Client's pre-existing history
*Client's character
With a lawyer's knowledge about this, a lawyer can make presumption of possible questions of a juror. And to combat a juror's bias plaintiff perception most lawyers must find the following:
*Background check of the juror relating to their personal characteristics such as social status. Would it be relevant to his perception?
*Check the experiences of the juror if ever he had one that will make him favor the other party.
*General Opinions. This pertain to the general idea where a well off juror might possibly believed that victim's simply wants to look helpless to ask help from well off families.
*Damages- Lawyers must present the severity of the damages with proofs and how it will impact the life of a less fortunate client.
All of these details can be used when a lawyer is already in the trial where he should exercise the following:
*Show similarity between the juror and the client. Studies revealed that jurors based their judgment on their personal experiences, and beliefs.
*Craft that the plaintiff is a victim of passiveness which means that he is not to be blamed for the accident.
*Show the positive characteristics of the plaintiff whereby proving that it is impossible for him to do fraud or file a frivolous case.
*Emphasize the responsibility of the wrongdoer. Not just as stated in the law but as person with conscience
*Lastly, Avoid exaggeration. Make an analogy of how the damage can affect the life of the plaintiff but don't ever exaggerate.
In general, in every court battle biased jurors can't be avoided but it is the responsibility of a personal injury lawyer to maximize strength and resources and minimize the anti-plaintiff biases. Only through good lawyers, fair judgment will be reached, bias jurors will be convinced and their verdict will not focus on you as a plaintiff but a victim of injuries that needs sympathy and justice.
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