Jury Selection in Personal Injury Trials

After a person suffers injuries due to another party’s negligence, the goal is usually to settle their case outside of court and get them the compensation they deserve sooner. However, it’s not always possible to settle personal injury cases outside of court. Research suggests that one in 20 personal injury cases are resolved in court. Some of the most common reasons for taking personal injury cases to trial include disputed liability, insufficient settlement offers, complicated legal matters, and significant injuries or damages.

Like a criminal trial, jury members decide the outcome of a personal injury trial. This makes voir dire, the jury selection process, a vital aspect of a personal injury trial. If you end up with the wrong jurors, it could hurt your chances of recovering the compensation you deserve.

Understanding the Jury Selection Process

The jury selection process starts with individuals being called for jury duty. These are typically individuals residing in the area where the trial will be held. Chosen individuals receive letters in their mail informing them to report to their local courthouses on a specific date for the jury selection process. As many as 100 individuals could be called for jury duty. However, not everybody who is called for jury duty gets accepted to serve on the jury.

Eligibility for Jury Duty in South Carolina

For a person to be eligible for jury duty in South Carolina, they must be a U.S. citizen over the age of 18. However, even if a person is over the age of 18, they may be disqualified from serving on a jury if certain factors apply. The following are the individuals who cannot serve on a jury in SC;

• A person who’s been convicted of a crime punishable by over a year
• A person who can’t read, write or understand English
• A person with less than a sixth-grade education
• A person employed by the court or county
• A person with a mental or physical limitation that prevents them from serving

Also, if someone is over 65 years old, has legal custody and duty of care of a child below the age of 7, is the primary caregiver of someone who can’t take care of themselves, is employed by the penitentiary, or has a “good and sufficient excuse,” they can’t be required to serve on a jury.

How Are Jurors Selected?

To decide who will serve on the jury, the judge asks the potential jurors several questions aimed at determining whether they can be fair or unbiased. Common questions that judges ask include;

• Have you or any family member ever worked for an insurance company?
• Do you personally know the defendant or claimant?
• Have you or any family member ever filed a personal injury claim?

In SC, attorneys cannot directly question potential jurors. Instead, they submit their questions to the judge. After the judge makes their pick, attorneys from both sides are given an opportunity to remove some jurors, so only the needed number of individuals is left.

The jury selection process is a vital component of a personal injury trial. Ensuring a fair and unbiased jury can significantly influence the outcome of your case.

Contact a Charleston Personal Injury Lawyer

At the Gus Anastopoulo Law Firm, our Charleston personal injury lawyer has years of experience helping victims recover the compensation they deserve. We are not scared to take your case to court if necessary. Contact us today to schedule a consultation.