Individuals who are pursuing a personal injury claim often ask whether they are entitled to a jury trial in the event that their claim must go to court for resolution. Both in federal court and in many state courts, including the state of Wisconsin, the constitution guarantees an individual’s right to a jury trial in a civil personal injury case.
Most personal injury cases arise from tort law, which is a common law claim. The Seventh Amendment to the U.S. Constitution safeguards your right to a jury trial in a civil case that involves a common law claim. If you properly request a jury trial, you are entitled to have your claim heard by a jury rather than just by a judge. A jury consists of community members whom the attorneys involved believe are not biased toward either you or the other party, including the insurance company. Jury members listen to all of the evidence presented by both sides of a personal injury claim and then make a decision based on the judge’s instructions about the applicable laws that relate to the claim.
There are some exceptions to the right to jury trial in civil cases, and there may be both advantages and disadvantages to proceeding to a jury trial. With that said, in the state of Wisconsin, it is personal injury claims that most frequently proceed to a jury trial. On the whole, however, less than five percent of personal injury cases go to trial; the vast majority of personal injury cases are settled before the case ever reaches the courtroom.
While some personal injury claims may seem relatively straightforward to you, there is the likelihood that the insurance company handling your claim will do everything possible to minimize the payout on your claim. The Madison personal injury attorneys of Boller & Vaughn will meet with you at no cost in order to the facts relevant to your situation. Once we have heard all of these facts, we can evaluate your claim and the settlement offer that you have received from the insurance company, if any. We will assess your claim and place a value on it in order to get the maximum payout to which you are entitled from the insurance company. Take the first step and call our office today to set up your free consultation with one of our Wisconsin personal injury lawyers.