For the 1% of personal injury cases which go to trial, the majority of those cases are tried by a Judge with a Jury.
Insurance companies automatically file Jury Notices to accompany their Statements of Defence because they know that jurors don’t like sitting through long personal injury cases. A disengaged and disgruntled juror will be less likely to side with the Plaintiff. A Judge sitting alone is trained, well versed and PAID to listen carefully to the facts. Jurors are not trained, not well versed and certainly not well paid to sit around for weeks listening to evidence. In some cases, the cost of parking, snacks and meals will outweigh the cost of the Juror’s daily stipend. Compounding the anger of a juror is the fact that many of them are employed and have to miss time from work without getting paid themselves to engage in jury duty. Nobody wins.
Jurors want to sit in on “cool trials“. What’s a “cool trial“. Think of a high profile murder case. That would be “cool” to sit in on. Or how about a violent assault, drug trafficking charge, or something involving organized crime? Anything out of a TV or movie plot would satisfy a juror’s appetite. Unfortunately, chronic pain, fibromyalgia and long term disability disputes don’t make very interesting screen plays.
Plaintiff personal injury lawyers know this. Plaintiffs themselves often do not. It’s hard for a Plaintiff to put him or herself in the position of a Judge or Jury hearing their own case. In the Plaintiff’s own mind: What else could be more important or more interesting than sitting through a 2-4 week trial to hear all about my injuries, disability and how the insurance company screwed me?
What really goes on in a juror’s mind is “who cares about this person; and; get me outta here so I can go back to my normal daily routine.” Continue reading →