New York City Personal Injury Law Blog
What is the Most Important Aspect a Jury Evaluates in a Personal Injury Trial
Posted on May 11, 2015 in Personal Injury FAQs
There are many people who ponder what is the most important thing jury evaluates in an auto accident, medical malpractice, or even wrongful death case? The jury will consider this pivotal aspect while deciding who is more likely right than wrong and that the plaintiff or the victim has shown what he is claiming is more likely true.
Credibility is Vital
The most important thing jury evaluates in personal injury trials is credibility. Who does the jury believe is more likely right than wrong? Do they believe you the victim, or do they believe the person who is being sued by you. This is critical because in order to be successful and justify a verdict in your favor, your lawyer will have to show to the jury that you are credible person and what you are claiming correlates more with the notion of truth.
The person who you are suing could be a doctor violating the basic standards of medical care, or a careless driver violating the rules of the road. However, you need to show to the jury that what you are claiming is more likely right rather than wrong, and ultimately it will come down to who the jury believes. Do they believe you, your witnesses, the police officer, or do they believe the other driver, or the doctor who is being sued? Your veracity and how you carry yourself in the courtroom will spell your doom or offer you the triumph you are seeking.
You could Lose with a Strong Case if Your Credibility is Destroyed
Even if you think that you have a concrete case but the jury is not siding with you are saying – your case is going to sink in shallow waters. On the other hand, even if you think this trial is not looking so bright, the jury might end up favoring you and giving you the nod of approval.
Therefore, it all comes down to credibility, and that is the most important thing jury evaluates in personal injury cases. If the jury believes in you, your case, the witnesses you invite to the stand, and the evidence you present is credible and believable, then most likely the results of the case will make you smile.
Since credibility is the most important thing jury evaluates, you have to be careful not to lose it during the deposition or doing the course of the trial. Make sure you stick to the facts, do not exaggerate anything, and do not perform the activities that you have claimed you can no longer do due to your injuries. For instance, if you are claiming that your injuries is making it difficult for you to walk and the defense is able to snap some photos of you over the weekend shooting some hoops, you may as well forget ever coming out on top in that case.
On top of that, you could be reprimanded for not being honest and face some charges based on your clear deceit.
You also have to make sure your expert witnesses are credible as well. Suppose there are inconsistencies in what one of your witnesses is saying in your case compared to what he had said in the deposition or during the actual trial at that very moment? Your case could be jeopardized because the defense will exploit this lack of clarity and inconsistent description of events conveyed by your own witness.