When a personal injury case in the City of Buffalo is brought to trial, the manner in which the jury will be chosen is dictated by New York State Law and the rules of the court where the trial will take place. Here are some general rules on how a jury will be selected.
You will start with a pool of people for you and the defendant to choose from. Initially, these people will be questioned to see if anyone has any previous knowledge about the case, the parties involved, their lawyers or the witnesses. If they do, they may be dismissed “for cause.” Relatives and employees of the parties will also be dismissed, as will employees of a liability insurance company.
After this process is complete, the attorneys for each party will question the remaining jurors. These questions will frequently involve their experiences with injuries, medical providers, insurance companies, and their opinions about personal injury lawsuits. Based on their responses, some of these jurors may also be dismissed.
In New York State, an unlimited number of prospective jurors may be dismissed “for cause” if the lawyer requesting the dismissal can convince the judge that that person cannot rule fairly or objectively. Each lawyer also has three “peremptory challenges” that may be used to dismiss anyone without providing a reason. Peremptory challenges may be used by your lawyer when he or she feels a potential juror would not rule favorably for you but cannot present a specific reason why that would cause the judge to agree that there is “cause” to dismiss that individual.
Once both parties have agreed upon six individuals, these six people will constitute your jury.
{ 0 comments… add one now }