Do I Have a Right to a Jury Trial in a Personal Injury Case?

In Wisconsin, individuals with civil personal injury claims are entitled to a jury trial, rather than a trial only in front of a judge. Since a personal injury claims comes from tort law, or a common law claim, then the Seventh Amendment to the U.S. Constitution protects your right to a jury trial in a personal injury case. A jury is made up a certain number of people from your community whom the attorneys involved believe can make unbiased decisions. The people on the jury listen to the evidence on each side of the case and then make a decision based on the judge’s instructions about the law that relates to your personal injury claim.

Your personal injury attorney will present your side of the case to the judge and the jury. He or she will use evidence to show that the other person or persons acted negligently, or with careless disregard for your safety, in causing the accident that led to your injuries. The other attorney, who typically is an attorney for an insurance company, will defend the negligent person or persons who caused the accident that led to your injuries. That attorney will attempt to convince the jury that his or her client did not act negligently in causing the accident at issue.

Once each side has presented all of the evidence, the judge will give specific instructions to the jury about the personal injury claim. The jury then will meet in a separate room to discuss the case and make a decision in accordance with the judge’s instructions. This is generally referred to as jury deliberations. Once the jury has made its decision, everyone will return to the courtroom. The decision of the jury will be read and the trial concluded.

We are the Wisconsin vehicle accident lawyers to whom you always can turn if you or your loved one suffers serious injuries in a crash, whether it involves drunk driving, distracted driving, or another issue. No matter how complex or difficult your situation may be, the Madison injury attorneys of Boller & Vaughan are here to advocate on behalf of you and your family and hold negligent drivers responsible for any injuries that have occurred.