In every personal injury trial we have had, the defendant has had insurance coverage. However, we are prohibited from telling the jury about insurance. If our side accidentally lets it slip that an insurance company is actually in control of the defense and will pay the judgment, the judge will declare a mistrial. What is worse, the insurance lawyers may try their best to mislead a jury into believing that there is no insurance and that the “poor defendant” will have to pay it.
We also don’t get to mention that the insurance lawyers and experts are paid for by the insurance company. We also don’t get to say that the insurance company, not the defendant, is in total control of settlement offers, if any.
The trial is without a jury unless either side requests one. The insurance lawyers almost always request a jury. They know they may be able to confuse the jury or take advantage of any bias against personal injury claimants.
A jury trial should be for the purpose of holding the wrongdoer accountable for the death, destruction, and misery caused by recklessness. That is how we make a community safer for our families. That is how we make dangerous products safer, make bad bars more responsible, make bad drivers safer, make bad doctors be more careful, make dangerous premises safer, and so on. Accountability is the key. Without a jury verdict from a fair and impartial jury, there is no accountability. That means that the unnecessary death, destruction and misery continue.
The personal injury information offered and contained herein, regarding personal injury statutes and claimants' rights is general in scope. No attorney client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice.