The parties in a personal injury case have a right to trial by jury. This applies not just to cases in Buffalo, but throughout the United States under the U.S. Constitution.
In New York State courts, the usual procedure when making this decision is for the plaintiff to be given the choice of whether or not to seek a jury trial after the parties have completed discovery (the exchange of information about the case) and are preparing to go to trial.
If the plaintiff chooses not to seek a jury trial, the defendant may still exercise the option of having the case heard by a jury. In personal injury lawsuits, both parties have the right for the case to be heard by a jury instead of a judge. As a result, if only one party requests a jury, the case will be heard by a jury.
For cases in federal court or in other states, the time frame during which the decision to hold the trial in front of a jury or a judge may differ. As a result, you should consult with your attorney not just about whether it is to your advantage to seek a jury trial, but also about when that decision needs to be made.
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