The Role of Jury Trials in Washington Personal Injury Cases

The majority of personal injury cases in Washington (and the entire United States) settle before they ever make it to trial. Settling gives both sides more control over the process and outcome, while generally taking less time and costing less money. Even if a case doesn’t go to court, the possibility of a jury trial still affects the choices made by both sides throughout the process—and when a case does go to trial, knowing your rights and what to expect is crucial.

At Smith McBroom Injury and Accident Lawyers, we are prepared for whatever path your case may take. Learn more about how we prepare you for negotiations and trial by calling our personal injury lawyers today.

Why do some Washington personal injury cases go to trial?

Although relatively few personal injury cases go to trial, it’s unavoidable sometimes. If the parties cannot agree on liability, the amount the case is worth, or both, a settlement may be impossible. Consider a case where the defendant’s insurance company denies that its insured caused the accident. Or consider a case where the insurer admits fault but believes that the plaintiff is grossly overestimating damages to the point that there’s a massive gap between the parties’ settlement numbers. When there’s such a significant disagreement, there’s really no middle ground to build on during negotiations.

Note that a settlement may still occur even if you have started preparing for trial. Many cases still ultimately settle after discovery, mediation, or summary judgment motions.

The right to a jury trial

Washington civil cases are heard by a judge or jury, depending on the case and whether a jury trial is requested. Washington Civil Rule 38 covers the right to demand a jury trial. Jury trials are fairly common in personal injury cases, as these cases tend to center on disputed facts. Both sides may have different ideas as to what happened, who caused it, how severe the plaintiff’s injuries are, and what fair compensation may look like.

Jurors in jury trials decide whether the defendant was negligent, if negligence led to the plaintiff’s injuries, if fault was shared between the parties, and how much money (if any) the plaintiff should receive. The judge still rules on evidence, manages the courtroom, and instructs the jury on the law.

Bench trials are significantly different. In these cases, the judge decides the facts of the case and the correct application of the law. Whether your case is better suited for a judge or jury depends largely on the facts of your case, which is why it’s important to discuss it with a personal injury attorney.

Jury selection: who will decide the case

Should your case go to trial, jury selection is an incredibly important part of the process. During voir dire, lawyers on both sides can ask questions of potential jurors to determine their biases, fairness, and suitability to serve. The goal isn’t to find jurors who already favor one side; the goal is to seat jurors who are capable of listening to evidence and giving a fair verdict. Attorneys may ask questions about prior accidents, medical treatment, lawsuits, insurance claims, and relevant personal beliefs.

State law allows each side to eliminate a select number of jurors without cause, but all dismissals are subject to anti-discrimination limits.

How evidence is presented at trial

The plaintiff (in this case, the person seeking compensation for an accident) has the burden of proof in a Washington personal injury claim. This means proving that it’s more likely true than not that the other party caused your injuries and that you are owed compensation.

Comparative fault is also an important topic here, since juries do assign fault. Washington is a pure comparative fault state, so if a victim is partially at fault for an accident, they can still receive compensation. However, what they receive is reduced proportionately to their share of blame.

Trials start with opening statements from both sides. The plaintiff may then present evidence, such as medical records, expert testimony, photos, videos, repair bills, and testimony from those with knowledge of the injured person. After the plaintiff has made their case, the defendant presents theirs. They may focus on alternative causes for the plaintiff’s injuries, try to show that the other party is at fault, dispute medical issues, or challenge the amount that the other party is requesting.

There are limits to what each side can present, and the judge steps in if evidence is not permissible under Washington Rules of Evidence. Evidence may be excluded if it is unfairly prejudicial, misleading, confusing, or improper.

How do juries decide damages?

Juries are responsible for determining both economic and noneconomic damages. Economic damages are somewhat easier to calculate, as they include medical expenses, lost wages, property damage, and out-of-pocket costs. These costs can be proven with bills, pay stubs, tax documents, and other verifiable documents.

It can be a bit harder for a jury to determine noneconomic damages. Washington Pattern Jury Instructions describe noneconomic damages as subjective, non-monetary losses. Some of the examples they provide include pain, suffering, inconvenience, mental anguish, disability, disfigurement, loss of companionship, and injury to reputation.

Victim testimony is often crucial when determining noneconomic damages, as these damages are subjective and relate directly to what the injured party experienced.

Why jury trials are less predictable than settlements

One reason that many cases never make it to trial is that settlements are much more predictable on both sides. The injured party knows how much they’ll receive when they sign, and the insurer knows how much they have to pay. Once the case goes to a jury, both sides give up control. The jury may decide to give the injured party nothing; they could also decide to award them hundreds of thousands of dollars, or anywhere in between. This uncertainty cuts both ways, and giving up some ground is sometimes preferable.

This is why careful trial preparation is important. You don’t need an attorney who just puts together a basic case for negotiations because your case is likely to end there. Your lawyer should prepare with the knowledge that trial is always a possibility, which can also help build a stronger case for negotiations.

Figure out your next steps with Smith McBroom Injury and Accident Lawyers

Whether you’ve been injured in a car collision, slip and fall, or other type of accident, our team is here to help and support you as you seek compensation. Schedule a consultation now by calling us or filling out our online contact form.