Personal injury cases can be difficult to present to a jury and get a favorable outcome. The jury has to have very convincing evidence and a solid story to rule in your favor. As the plaintiff, you have to be able to prove that your injuries were caused by negligence on the part of the defendant(s).
The other issue is that, in Tennessee, some valuable information is withheld from the jury that can make your personal injury trial even more difficult.
For example, a Tennessee jury can’t know whether or not the defendant (person who caused the accident) has insurance. Withholding the type and amount of insurance a person has can greatly affect the outcome of a trial.
Why does this matter?
If the defendant was an 80-year-old woman who rear-ended a 35-year-old male and caused some type of serious injury, the jury may have more compassion on the “poor old lady” and not feel they can make her pay a large amount for negligence and damages.
However, if they knew she was fully covered under insurance that would pay for any medical bills or damages to a vehicle, they might be much more likely to rule in favor of the young man.
The jury also cannot have a transcript of the testimonies given during the trial. So when they’re deliberating, they have to rely on any notes they take and their memories to come to a verdict.
On the flip side, the jury in a personal injury trial can know (and have) quite a few things that help them make their decision:
- Specific instructions and laws that may pertain to the particular case.
- Access to any pictures taken of the accident and injuries sustained.
- All of the details of the accident and details of the injuries it caused.
- Any added evidence that helps determine details of what happened.
Since personal injury cases can be difficult to win, it’s important to have an experienced personal injury attorney to help you navigate your case and trial.