Learn what the jury cares most about in a Tulsa personal injury case. Find out what factors will be examined in determining if the defendant will be held liable to compensate you for your injuries. This information can help you determine if filing a potential personal injury claim will be worth it.
Who Decides A Tulsa Personal Injury Case?
It is a widely-held misconception that when you file a personal injury lawsuit, the judge decides your case. But, unless the case is tried to the bench in what is called a “bench trial,” it is normally a jury who will decide not only if you will prevail in your lawsuit but also the amount of damages you will receive.
Here is how it works:
The judge decides what laws apply and the jury decides which facts are true (based on their evaluation of the evidence and testimony) and plugs it into the legal framework given them by the judge, in order to arrive at a verdict.
Thus, in most personal injury cases, the jury is the trier of fact or the person(s) responsible for deciding who is telling the truth. In this capacity, the jury must decide whose version of the events and whose witness testimony they find most believable. The jury must then decide if the plaintiff has proven his case beyond a preponderance of evidence, meaning that the evidence in favor of the plaintiff’s case must carry more weight than the evidence against it.
Next, the jury is required to determine how much the defendant is at fault for the plaintiff’s injuries and how much, if any, the plaintiff is at fault for his or her own injuries.
Finally, the jury must then decide how much compensation is appropriate to compensate the plaintiff for losses he incurred as a result of the defendant’s actions.
What Matters Most to the Jury in a Tulsa Personal Injury Case?
The basis of any personal injury claim is the evidence. Once all the facts have been presented, the jury will evaluate the evidence with respect to the law. Then, as far as the facts support your claim, they will award you damages in an amount appropriate to compensate you fairly for your injury.
Juries decide cases based on the facts, not the law. They don’t want to be lectured about proximate and intervening causes, they want to hear, for example, how the defendant’s reckless driving caused you to be run off the road and hit the guardrail. What they want to know is:
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Who did what to whom?
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Why did they do it?
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What led up to it?
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What character strengths and flaws played a role?
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What were the consequences?
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Who helped and who hindered the investigation?
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Who witnessed the accident?
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How do we know key witnesses are being truthful?
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What makes your witnesses right and their witness wrong?
It is important to the jury in a Tulsa personal injury case that the facts be consistent with your version of events and the evidence you present to the court. Thus, it is important that you be represented by an attorney skilled at knowing which evidence might be ruled inadmissible, seen as inconsistent with the weight of other evidence, confusing to the jury, or simply useless to your case.
Free Consultation and Case Evaluation
For a free, confidential consultation and Tulsa personal injury case evaluation, call Personal Injury Law Office of Tulsa today. There’s no risk and no obligation.
Contact your personal injury advisor at (918) 924-5528 or send us a question using the form on the right side of this page.
