This month, we will be looking at things that we cannot tell the jury during a trial. It is truly unfortunate that as the party with the burden of proof, meaning the party that has to prove everything by a standard more likely true than not, that we cannot tell the jury the truth. I absolutely believe that the jury, during a trial, will start wondering about things that they are not told. Because of this I am always concerned that my client will bear the brunt of not being able to be forthright and get all the information across during the trial. It is one of the many ways an experienced personal injury lawyer can make sure your rights are protected as best they can be under the law.
In most cases, the defendant does have insurance. Under the rules as provided by the court, we cannot tell the jury about insurance. Consequently, there are no questions about what coverage the defendant has or whether there is coverage. I remember one case where after the fact, a juror asked why I would go after the elderly female defendant if I had already gotten the insurance money.
If you, your family or someone you know is going to trial in a personal injury case, you need to have an experienced trial lawyer on your side with success in helping people who are injured through no fault of their own. Because of all the potential ways that the insurance companies can take advantage, you need to know what your rights are and the best way to try your case.
