Trying Personal Injury Cases
Obtaining a full measure of justice in personal injury cases can be very difficult. Insurance adjusters and some jurors can be skeptical of injury cases because of the "bad apples." We have all seen news stories where someone supposedly disabled due to an accident is secretly filmed performing strenuous activity.
It is important for all of us to be on the lookout for people trying to cheat the system. It is also important to be aware that a prejudice can result through which a potential juror believes that all injury cases are exaggerated or, even worse, fraudulent. The results can be disastrous for a legitimately injured person who deserves reimbursement for their medical bills, lost wages, disability and pain and suffering.
It is important to acknowledge that this prejudice exists. It is important for a lawyer to instill confidence in insurance adjusters, other attorneys, judges, mediators and jurors that the client's personal injury case is not one of the bad apples. How do we do that?
Well, for one, we are very selective about the injury cases we accept. We prefer to focus on the quality of our cases instead of quantity of cases. This helps give our firm a reputation that the cases it handles are serious and genuine. Of course, this can make obtaining a fair settlement much easier.
If a fair settlement is not offered, then trial becomes necessary. Thankfully, our justice system allows us to participate in who gets selected to serve as jurors. During this process, we interview potential jurors in detail to determine which ones may harbor an unfair prejudice towards personal injury cases as a whole.
It does no good to ask a question like "does anyone here think all injury cases are exaggerated?" Essentially no potential jurors (except those simply trying to escape jury duty) would openly admit to such an obviously unfair bias. They will, however, honestly answer less direct questions that can reveal an underlying prejudice. This is where skill, finesse and experience are absolutely necessary.
There are a lot of nuances to this business. It took us many years to learn them. Simply put, it is vitally important for a personal injury lawyer to have the experience, skill and legal knowledge to effectively try and case.