When you have been injured and you and your attorney decide to bring a civil action against a defendant, you may decide that you would like a judge to oversee your case rather than a jury, or vice versa. Judges and juries can bring different things to the forefront of your case. It is a fact that judges and juries are impressed by different things and therefore, the law can be applied differently in opposition to your case or to benefit your case. How do you determine whether a judge or jury will be best in your personal injury lawsuit? If you or a loved one have been injured in an accident, it is in your best interest to contact an experienced Spokane personal injury attorney to help you strategize about the best possible outcomes for your case.
Judge or Jury
In Washington state, when you bring a personal injury claim, you have the right to bring that claim in district court if the damages you are asking for are less than $50,000 or in superior court if the damages that you are seeking are worth more than $50,000. Though some states prohibit jury trials if the damages you are seeking are less than a certain amount, in Washington State, that is not the case. Whether you receive a jury trial or not will depend upon opposing counsel and the defendant in the case.
In Washington State, a defendant has the right to have a trial by jury if he or she so chooses. If a jury presides over a personal injury case, it decides who is at fault as well as the personal injury award by placing dollar amount on the damages and evidence presented. Though a judge may be better for some personal injury cases, a jury does have the right to determine a case, at the defendant's discretion. It is important to note, that most personal injury attorneys will attempt to settle the personal injury claim out of court, though in some situations it may be necessary to try a case in court.
Need Legal Advice?
Civil actions can be overwhelming. It can also be overwhelming when you are trying to determine whether a judge or a jury will be more sympathetic, in hopes of a favorable outcome for your case. Seeking legal advice and representation is invaluable in this situation because an attorney can help you understand the laws and predict outcomes for judges and juries alike. Because of this, it is important to seek legal advice and representation to determine the best strategies for your case. If you or a loved one have been injured in an accident, contact an experienced personal injury attorney to help you with your case. Contact the West Law Office online or call at 509-993-0748 so that we can help you today.
(image courtesy of Chris Potter)