Revealing the Unseen: Secrets Juries Don't Hear

Ilya Law & Consulting www.IlyaLaw.com Tel. 602-899-3035

Key Highlights

In civil trials, juries are often prevented from learning about potentially relevant but prejudicial information, like insurance.
Misconceptions about who is responsible for paying damages can lead to unfair outcomes.
Though insurers are out of sight in trial evidence, their role heavily influences many aspects of a lawsuit, including settlement.
Understanding these hidden aspects of the legal system empowers people facing legal challenges.

Introduction to the Dilemma of Insurance in the Civil Trial

The legal system can seem confusing, especially in personal injury cases. It is surprising to people to learn that rules of evidence in these cases exist to prevent juries from learning about insurance that may exist to cover the loss or damages claimed. Insurance companies lobbied for these rules because when jurors learned insurance was available to cover a loss, the results often favored the injured party. Insurance companies' influence made it so jurors are left to speculate about insurance. They also have little to no insight into the influence of the insurer behind closed doors. Yet, the hidden role of the insurer and insurance defense lawyers plays a significant role in how justice operates. By understanding these lesser-addressed elements, we can better understand the relationship between jury service, lawsuits, and trial outcomes.

Developing and Streamlining Evidence: Practical Concerns and the Rules of Evidence

Years of work, thousands of dollars, and hundreds of hours of labor go into developing evidence before a case gets to trial. Then, after evidence is developed, the evidence must be pared down according to rules of evidence, rulings by the court, and practical concerns like the time available to try the case. Lawyers must make strategic decisions about what information is necessary for a jury to render a verdict. Just as filmmakers have to cut out scenes in editing a film, lawyers must make the same focused analysis and concentrate only on evidence that is admissible and essential to the jurors' deliberations. They must also respect the rules that say insurance is not admissible evidence, even when they disagree with the rule. Generally, lawyers representing the injured party would welcome an opportunity for jurors to know that seated next to the defendant is a lawyer employed or hired by an insurance company. Why? The truth is that most jurors care about a defendant's ability to pay. For example, consider a medical malpractice case where a doctor may be found to have negligently injured a patient. Many jurors may be concerned about bankrupting a medical professional because they made a mistake, even if the error caused severe harm. Even in a simple car crash case, they may empathize with a driver who caused an accident and many thousands of dollars are sought to cover an injury. Many jurors will assume that because they never hear about insurance in a trial, that must mean that there is no insurance available to cover the loss and the financial strain this could cause. This can sometimes tip the scale towards an unjust outcome for an injured party.

Understanding Jury's Role

Civil trial juries are regarded as the "finder of fact" while the judge makes rulings of "law." The civil jury's job is to examine all evidence and testimonies and decide what is more likely true than not true. This responsibility is significant because the jury's choices affect the lives of the people involved.

Still, juries face some limits. Unlike judges with legal training, juries are often composed of people without a legal background. They can only use what they hear in the courtroom and must follow the judge's rulings and the jury instructions.

This system seems simple but creates a unique situation. Jurors must make big decisions based on a small and controlled amount of information. They are often instructed not to do independent research or speak with anyone about the case. This makes it essential for both sides' legal representation to deliver clear evidence and persuade with strong arguments.

The Importance of Clear Evidence

Each side uses evidence to build its case. The way evidence is presented is very important. In civil cases, the standard of proof is called a preponderance of the evidence. This means the plaintiff needs to persuade the jury that their version of the facts is more likely true than not true. Still, not all evidence is the same. Some evidence allows jurors to draw upon their common sense and experience. However, some evidence requires expertise. In this case, the parties may hire experts in various fields of science, medicine, construction, finance, and any myriad of topics involved in the specific case. The lawyer's job is to ensure that these specialized areas deliver information to a jury in a clear and easy-to-understand manner. When dealing with topics like surgical complications, construction engineering or defects, and finance projections, a lawyer's skill in simplifying complex matters greatly.

The Intersection of Law and Insurance (Does the defendant have insurance?)

In civil cases, generally Insurance companies are often never identified in court. Even if the lawyer is an employee of "ABC Insurance" the jury will never learn this detail. The jury Will never learn that the insurance company is hiring all of the experts and paying their fees. The jury will never know that if a verdict is rendered in favor of a plaintiff, that it is the insurance company that is likely to pay the result. This hidden role makes things complicated. It changes how lawyers think about their strategies and possible settlements. Often, jurors will have questions during the presentation of evidence or during deliberations, and they will inquire about the existence of insurance. Typically, the rules of evidence require instruction to disregard any insurance concerns and decide independently of the knowledge (or lack of knowledge) of insurance.

How Insurance Companies Influence Trials

Juries usually do not know which party has insurance or how much they have. However, the insurance company often makes the key decisions of settlement and trial, not the person named in the case. For example, it is the insurance company making the decision about when to hire experts, which experts to hire, how much money to offer at settlement negotiations, and other key trial decisions. This is part of the "duty to defend" and other duties that arise from the insurance contract. For the injured party, knowing that an insurance company is involved allows them to:

Better anticipate what arguments and strategies the other side may use at trial and why;
Negotiate more effectively by understanding the insurer's concerns;
Effectively prepare arguments to the jury (being careful to avoid mentioning insurance)

This complex relationship with insurance shows that legal proceedings need careful planning and skill. This is one reason that civil trial experience is essential for effective representation in a personal injury case.

The Hidden Defendants: Insurance Behind the Scenes

The term "defendant" usually makes people think of the person or group accused of a crime. In a civil trial, a defendant is considered to be the person or entity causing the harm. However, insurance companies play a critical role in defending the claims. It is the insurance lawyer seated next to the defendant in a trial. It is the insurance company's budget that covers the expert witnesses that are hired. So, even though insurance companies are "invisible" in the courtroom, they hold tremendous power. Their financial interests often drive the manner and length of the defense. If there is significant money that the insurance company might stand to pay out, they might utilize significant financial resources to defend the case. Many Insurance defense lawyers also exploit the fact that insurance cannot be mentioned in trial. They know that some jurors may empathize with a defendant and seek to play on emotions that this was just a simple "accident" worthy of "forgiveness" but not a monetary award. Insurance defense lawyers also play over-used trial themes, that the plaintiff and their lawyer are just "greedy" and after the defendant's hard-earned money. Insurance defense lawyers often deploy these tactics, even though they know that the insurance company, often with billions of dollars in profits, will bear any financial expense of a verdict and not the Defendant.This is why having a skilled plaintiff lawyer is so important. An experienced lawyer understands how to deal with the tricky situations insurance companies create. They can protect your rights and fight for what you deserve, even against this silent player.

Insurance Company missing from the courtroom

The Dynamics of Jury Selection

The process of jury selection is also known as voir dire. It is an important part of any trial. The optimal goal is to impanel a fair and impartial jury. In state courts throughout the U.S., both the plaintiff and the defense ask questions to potential jurors. This helps them spot any biases these jurors might have. However, injury, selection, potential jurors should also see this as an opportunity to identify cases which may not be suitable for them. Not every year is ideal for every kind of case. Some people have insight and self-awareness that while they would seek to be fair, their life experiences may be that they could not be impartial in a certain case. Helping drawers, self identify whether this is the correct case for them gives people in the jury selection process some power to understand and fulfill their role. This ensures a fair process and ensures that those selected will make their decisions based only on the evidence. Thus jury selection requires a great deal of strategy and skillful communication. Lawyers use different methods to select jurors who will be open and impartial at the outset of the case, and who will provide a fair opportunity for all evidence to come in before rendering their decision.

Criteria for Jury Eligibility in the United States

The right to a civil trial is acornerstone of the American justice system. But not everyone can serve on a jury. Each state has rules that set forth the criteria for jury service. Usually, people must be U.S. citizens, at least 18 years old, and live in the state and area where the trial is set to take place. They should be proficient enough in English to follow the court proceedings. People with felony convictions may not be allowed to serve, but this rule can change depending on the area. Often, jurors can be excused from service if they have difficulty hearing or understanding English, have medical conditions that may inhibit their ability to be seated for long periods of time, or have financial, familial, or work obligations that would create an undue hardship. Additionally, any person with a potential conflict, such as knowing one of the parties or the lawyers, will be excused from participating as a juror. These rules help find qualified jurors, but the selection process is fairly detailed. Potential jurors are often asked about their backgrounds, life experiences, and beliefs. This helps to initiate discussions and uncover any biases that could affect their judgment in a civil case.

Strategies Lawyers Use to Select or Deselect Jurors

Effective jury selection is the foundation of any success at trial. The plaintiff and the defense have only a few chances to choose or deselect possible jurors. Good lawyers will deploy many strategies to affect the jury’s makeup. Lawyers may ask specific questions to reveal any biases or views that might help their case. For example, if it's a personal injury case, a lawyer might ask a potential juror about their own experiences with similar injuries or how they feel about big companies, significant verdicts, or other issues relevant in the case. These strategies help lawyers spot people who could connect more with their client's story or doubt the arguments from the other side. Some of the most successful strategies for lawyers involve receptive/reflective listening and initiating meaningful discussions with jurors, who may have strong feelings about some of the issues or even lawsuits in general. The lawyer's ability to politely and respectfully navigate complex topics with people from various walks of life while also accomplishing the goals of identifying jurors who may not be suitable for the present case requires a highly specialized skill set. Jury selection is arguably the most challenging piece of trial, and even the most skillful practitioners will agree that this skill set requires consistent practice and evolution to maintain mastery.

Understanding the jury and jury selection

Misconceptions About Lawsuits and Being Sued

The legal world is full of misunderstandings. Many people get their ideas from media stories and do not have easy access to clear information. These mix-ups often happen in personal injury lawsuits, making people feel worried and confused. These misconceptions frequently come up in discussions with jurors. They have strong feelings about people trying to get rich from lawsuits. They believe, partly because of advertising lawyers, that people who sue are always trying to get rich. In truth, things are not that simple. Civil cases, especially personal injury ones, are full of challenges. They are expensive and time-consuming to pursue. There are also risks if the injured party sues someone and is unsuccessful.In some cases, a unsuccessful. Plaintiff can be responsible for having to pay the cost of the defense. Of course, juries are never allowed to know about this.

It is understandable that potential jurors don't want to participate in a system where somebody is unfairly gaining an advantage and "getting rich" as part of a scheme. But, if jurors can remain impartial, an important benefit of our system is that it typically exposes cases that don't have merit. In fact, those cases almost never even make it to trial because a judge has opportunities to rule on cases at various stages to eliminate certain claims or cases when they cannot be proven as a matter of law. Many cases come to trial not because the plaintiff is "trying to get rich" but because the defendant refuses to be fully responsible for the damages that they caused. Sometimes, they harm someone, and instead of accepting responsibility, the insurance company tries to blame the injured person. Sometimes the insurance company simply refuses to pay for basic out-of-pocket cost like medical expenses for surgeries or time missed from work. In cases like this, it's not about the plaintiff trying to get rich, but simply trying to get compensation for injuries they suffered in an accident that was not their fault.

Myth versus Reality

The world of lawsuits has many misunderstandings, but looking at these myths can help us better understand the legal process.

Myth: Juries can decide based only on their feelings.
Reality: Juries must make decisions based on the evidence shown in court and the judge's guidance, not their personal views or biases. If jurors accept that a Plaintiff's version of the facts is more likely true than not true, then the Plaintiff has met their "burden of proof".

By busting this and other common myths, people can approach the legal process with more confidence and better understanding. Knowing how legal proceedings and certain rules affect evidence helps people protect their rights.

Conclusion

In conclusion, understanding the hidden parts of legal proceedings is important. This includes looking at limits on juries, rules about evidence, and how insurance companies can affect outcomes. By uncovering these truths, we gain knowledge that can change how we think about justice and accountability. Let's keep exploring the complexities of the legal world to make sure fairness and transparency are maintained.

Contact Ilya Law and Consulting for exceptional representation in a personal injury case or co-counseling in your personal injury trial. www.IlyaLaw.com Tel. 602-899-3035

Frequently Asked Questions

Why Can't Juries Hear About Insurance Involvement?

Information about insurance coverage usually does not come up in jury trials because rules exist to keep it out of evidence. If jurors know a defendant has insurance, they might side against them. Insurance companies have fought hard to ensure that the rules of evidence keep out information about coverage and amount of coverage that might be available to cover a loss.

How Are Jurors Selected for a Trial?

Potential jurors are chosen at random from places like voter registration and motor vehicle licensing agencies. When they report for "jury service" the judge and lawyers ask questions to uncover potential bias or reasons that this case may not be a good case for this juror to serve. Both sides can excuse jurors for reasons signaling bias or use a limited number of "peremptory" challenges in states that use these challenges without needing to explain why. (Arizona, for example, no longer uses "peremptory" challenges.) The aim is to form a fair jury.

Can a Juror Be Dismissed for No Reason?

In some states, Lawyers have a certain number of "peremptory challenges." These let them dismiss potential jurors without giving a reason. But they cannot use these challenges to discriminate based on race, gender, or other protected traits. (Az, for example, does not use "peremptory" challenges).