The ultimate decision about your personal injury claims may be in the hands of a jury. Jurors are ordinary people, not legal professionals, and gaining their support is easier said than done. Your lawyer should review your case and discuss with you how to win over the jury.
The best way to gain jury support will vary based on your specific circumstances. Some plaintiffs find that focusing on hard facts and evidence is the best way to convince the jury of their claims. In more emotionally charged cases, appealing to the jury’s emotions may be a strong strategy. Still, many plaintiffs find that focusing on the facts while also hitting the right emotional notes is a good recipe for success.
For a private case evaluation at no cost, call our New Jersey personal injury attorneys at Agrapidis & Maroules, P.C. at (551) 525-6465.
Winning Jury Support with Facts and Evidence
Juries are impartial. They must approach the case from a neutral position and keep an open mind when evaluating facts and evidence.
Investigating for Evidence
The jury is assembled to hear facts and evidence. As such, a strong strategy for winning jury support is to present the strongest evidence possible. We must leave no stone unturned in our search for evidence. The more we have, the more support from the jury we can garner, and the more likely you will win your case.
Discovery Phase
Each side of the case is legally required to exchange all relevant evidence and information during the discovery phase. This phase may last for several months, and if we believe the defendant has evidence that can strengthen your case, we can request it, and they are obligated to comply.
Gathering evidence through discovery can help us strengthen your case and provide the jury with more facts. Remember, the more solid evidence our North Bergen, NJ personal injury lawyers have to support your claim, the more support we will likely receive from the jury.
Your Testimony
You may need to testify in the case, and your testimony should be clear, concise, and articulate. If you sound sure of your claims, your confidence may win jury support. If you sound a little unsure about your story, you could lose jury support. Remember, your testimony is your story to tell, and the jury expects you to know it inside and out.
Appealing to the Jury’s Emotions in a New Jersey Personal Injury Case
Facts and evidence are important, but they might not tell the whole story. It may be a good idea to appeal to the jury’s emotions. We may need to win their hearts as well as their minds.
Explaining Your Physical Injuries
While a medical professional may testify about how your injuries were diagnosed and treated, you may testify about how they felt and how your life has changed.
Do not hold back. If your injuries were painful, say so. Describe the pain and how it made you feel. Explain how your injuries have interfered with other areas of your life and how life is more difficult. Impassioned testimony about what you have endured may make the jury sympathetic to your situation and garner support.
Psychological Impact of the Accident and Injuries
Accidents and injuries can take more than a physical toll. Your mental health and emotional well-being may have also been deeply affected. In your testimony, you must explain the emotional and psychological pain and suffering you have experienced.
The humanity of your testimony may sway juries. Remember, they are people too, and they may find your testimony about your pain highly compelling.
Emotional Impact
Do not be afraid to get emotional. If testifying proves to be difficult and you find yourself becoming upset on the stand, let your emotions show. Do not hide how you feel. Allowing yourself to be vulnerable in front of the jury may sway the jury to your side.
Whatever you do, do not try to fake emotion on the witness stand. Juries are smart, and they know when someone is trying to pull the wool over their eyes. If they suspect your emotion is disingenuous, you may lose their support.
How Your Behavior May Sway Jury Support in a Personal Injury Case
In addition to facts, evidence, and emotional impact, the jury will scrutinize your overall behavior in the courtroom. How you conduct yourself at almost all times may affect whether the jury supports your claims.
Maintain Professionalism
First, always be professional, polite, and composed when in the courtroom. While becoming emotional on the witness stand is one thing, you should try to remain composed otherwise. Avoid making disparaging, snarky, or mean remarks about the defendant or anyone else. Such behavior might sour the jury on you.
Avoid Hostility
Under almost no circumstances should you show any hostility. If you are angry about what happened – which is reasonable to feel – you must contain yourself. Do not be outwardly hostile, rude, or abrasive. Even if the jury understands your feelings, outward hostility will not win your support. It is one thing to be visibly angry, but it is another to completely lose your cool.
If You Don’t Know, Say So
If you are asked a question you cannot answer, just say so. You might feel as though you are caught in a “gotcha” moment that will make you look bad, but this is not exactly true.
Stammering and scrambling for a half-baked answer will make you seem confused or as if you do not know the facts of your own lawsuit. A short, simple “I’m sorry, I do not know,” will make you look better in the jury’s eyes.
How Should You Conduct Yourself in Front of a Jury?
While it is okay to be vulnerable in front of a jury when you are on the witness stand, try to remain composed otherwise. If you feel too overwhelmed to remain in the courtroom while others are testifying, you may step outside. Avoid angry outbursts and do not try to dodge questions you are uncomfortable answering. When answering questions, be honest, candid, and concise.
How Can You Tell if You Are Losing Jury Support?
It can be hard to tell if a jury is on your side or favoring the defendant. Cues including body language and facial expressions may shed light on who the jury supports, but nothing is known for sure until the jury renders a verdict.
How Much Jury Support Do You Need to Win a Personal Injury Case?
In a civil lawsuit, plaintiffs must prove their claims by a preponderance of the evidence. Put another way, we must convince the jury that it is more likely than not that the defendant is responsible for your accident. We do not need 100% of the jury’s support, but we should have more than 50% to win the case.
Ask Our New Jersey Personal Injury Attorneys for Help with Your Claims
For a private case evaluation at no cost, call our Paterson, NJ personal injury attorneys at Agrapidis & Maroules, P.C. at (551) 525-6465.