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November 2, 2020 by Brooklyn Injury Lawyer

Will a Jury Know If the Other Driver Has Insurance?

Many people see jury duty as a burden, but it is a crucial part of the justice system. In a civil case, a jury is typically composed of several individuals who listen to the evidence presented by both sides. After reviewing the facts, they decide whether the defendant should be held accountable for damages caused to the plaintiff and, if so, how much compensation should be awarded. The jury considers evidence such as the severity of the injuries, medical expenses, lost wages due to the accident, and the pain and suffering endured. Their responsibility is significant, as their decision directly impacts the lives of both parties. For this reason, it is essential that the information presented is factual and complete. However, some details are intentionally withheld from jurors in personal injury cases.

Information Withheld from a Jury

One of the most important pieces of information kept from jurors is whether the defendant has insurance coverage. After an automobile accident, the injured party can file a lawsuit against the driver who caused the collision. In practice, though, the defense is typically handled by an attorney hired by the at-fault driver’s insurance company. During the trial, the plaintiff sues the defendant directly, but jurors are not allowed to know if there is insurance coverage, the type of coverage, or the policy limits.

This rule exists to prevent bias. Jurors often feel more empathy toward individuals than large companies. If jurors were told that an insurance policy would cover the damages, they might be more likely to award higher compensation to the plaintiff, which could unfairly influence the outcome.

Traffic and Accident History

Jurors are also shielded from knowing the traffic or accident history of the defendant. They will not be informed if the defendant received a ticket for the incident or has been involved in other crashes in the past. On the other hand, defense attorneys often attempt to introduce information about the plaintiff’s prior accidents. This is a common tactic used to argue that the plaintiff’s current injuries may have been caused by earlier incidents rather than the accident in question.

When Damages Exceed Insurance Coverage

In some cases, the damages awarded by a jury may exceed the amount of available insurance coverage. When this happens, the at-fault driver may be held personally responsible for the portion that goes beyond the insurance policy limits. In certain situations, the insurance company may also be held liable for these excess damages if it is proven that the insurer acted in bad faith.

The Importance of Legal Guidance

An experienced personal injury attorney can anticipate how a jury may view a case and develop a strategy to maximize the chances of fair compensation. If you are involved in an automobile accident, consulting with a knowledgeable lawyer is crucial to protecting your rights and ensuring that you pursue the full compensation you deserve.

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