How Jury Verdicts Are Determined in Florida Personal Injury Lawsuits
Most personal injury cases (over 90%) are settled outside of court. Often, both plaintiffs and defendants prefer settling to avoid the time, expense, and unpredictability of the court system. However, if you cannot reach a settlement, it may be necessary to take your case to trial. At trial, a jury will decide if the defendant is legally responsible for your injuries and, if they are, how much compensation you should get. Understanding how juries reach their verdicts is vital. It can help you feel more confident and prepared as you move forward with your case.
Below is a brief overview of how the jury process works in Florida personal injury cases, from selecting jury members to the final verdict.
1. Jury Selection (Voir Dire)
During jury selection, also known as voir dire, the defense and plaintiff’s attorneys question potential jurors to identify any biases or preconceived notions that could influence their judgment. In a personal injury case, a juror may be dismissed “for cause” and through a “peremptory” challenge. Challenges for cause are used to dismiss a juror who shows clear bias or can’t be impartial, for example, a relative of a defendant. On the other hand, peremptory challenges allow attorneys to dismiss jurors without providing a specific reason for doing so. Each attorney usually has a limited number of peremptory challenges.
2. Evidence Presentation
Once the jury has been selected, it is time to head to court and present your case before the jury. As the plaintiff, you will present your case first, preferably through your attorney. You can present several types of evidence, including medical records, accident reports, expert testimony, and eyewitness accounts. The defendant will present their case after you.
In a Florida personal injury lawsuit, the plaintiff has the burden of proving their case by a “preponderance of the evidence.” This entails showing that it is more likely than not that the defendant was liable.
3. Instructions to the Jury by the Judge
After you and the defense side have both presented your cases, the judge will provide the jury with instructions. These instructions explain the relevant laws, define key terms such as “negligence” and “damages,” clarify the burden of proof, and guide the jury on how to weigh evidence and assess witness credibility. These instructions are designed to ensure that jurors make decisions objectively, rather than based on personal feelings.
4. Jury Deliberations
The jurors then move to a private room to discuss the case and reach a verdict. Depending on the complexity of the case, jury deliberations can last anywhere from hours to days.
5. Determining Liability and Damages
If the jury finds the defendant liable, they will then move to determine how much compensation the claimant should receive, including both economic and non-economic damages.
After a verdict is reached, it will be read out in court, and the parties will have an opportunity to request post-trial motions, such as asking for the award to be adjusted. If no motion is granted, the verdict becomes final and the court enters a judgment. The defendant must then pay the plaintiff the awarded damages, unless they appeal the case.
Contact Us for Legal Help
Our Miami personal injury attorneys at The Pendas Law Firm can help protect your rights throughout the personal injury claims process. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Jacksonville, Daytona Beach, West Palm Beach, Bradenton, Naples, Melbourne, Fort Myers, and Fort Lauderdale areas.