Top 10 factors that influence personal injury jurors. A jury is made up of your peers. And just like you, there are certain factors that may influence the jury’s decision as to both culpability and the amount of damages you could potentially collect. Here is a look at the top 10 factors that may affect your personal injury claim.
- Fault. The jury will want to examine the degree of your fault versus the fault of the other party, the greater degree of your own fault, the less you can expect to collect.
- Options. Even if the accident was the fault of someone else, a jury will want to know whether you had any options in avoiding the accident.
- Medical history. If the accident resulted in injuries, the nature and severity of the injuries will affect the award. Serious injuries with costly treatment can lead to a larger award.
- Type of injury. Certain types of injuries may be more sympathetic to a jury than others. For example, a head injury may get a larger award than a broken arm.
- Lost income. If the injury impacts your ability to work, you may be compensated for this.
- Likability. Sometimes your claim may boil down to how well liked you are. If you are a sympathetic figure, you can expect more damages.
- Personal history. Linked to likability, a jury will want to know your personal history like having similar accidents in the past. And whether you have a criminal history, if related to the accident.
- Witnesses. The quality of your witnesses and opposing witnesses may have a great impact on the jury. So you will want to work with an attorney and carefully selecting your supporting witnesses.
- Police testimony. Police officers are supposedly unbiased and their testimony may greatly influence a jury.
- Time. The fresher of the injury, the more sympathetic the jury is likely to be. For example, if you wait three years to bring a lawsuit, you may be too far removed from the incident to greatly affect a jury.
