What Are the Respective Responsibilities of Both?
When you have been hurt because of someone else’s carelessness, you have the right to file a personal injury lawsuit to recover damages for all your losses. If your case goes to trial, all evidence will be presented to both a judge and a jury. Why is there both a judge and jury at a personal injury trial? What are the roles of each in resolving your claim?
The Role of the Judge in a Personal Injury Trial
In most personal injury cases, the judge makes all decisions and rulings regarding the law. The most commonly understood instance where judges make determinations of law is in response to objections by either party. The judge will also review any instructions on the law given to the jury and ensure that they accurately state the current law. Furthermore, the judge can rule, as a matter of law, that a party has failed to introduce evidence to support or deny a claim, and may grant relief to the other party based on such a ruling.
You can, though, ask the court to hear your personal injury claim without a jury. In such a situation, the judge will not only make decisions of law, but will also make determinations of fact.
The Role of the Jury in a Personal Injury Trial
The jurors in a personal injury trial are tasked with listening to testimony, considering evidence and making determinations of fact. Typically, the opposing sides in a personal injury trial will provide evidence supporting different versions of the facts. The jury must make a determination as to which version of the facts is more credible.
Once the jury decides which factual evidence is more believable, it will typically apply the facts to the law (as provided by the judge), and rule accordingly. In customary practice, the jury will be given specific instructions by the judge that, telling them how they must rule based on their determination of the facts.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
