Personal injury lawsuits in the Virginia Court System can be filed in either the General District Court or the Circuit Court.
There is no jury for cases filed in the General District Court, so the trial judge decides all questions of law and facts that arise at trial. In the Circuit Court, however, if either party requests a trial by jury, those duties are divided between the trial court judge and the jury.
The Circuit Court trial judge decides on the admissibility of evidence, the competence and privileges of witnesses to testify, and other legal questions that arise during a case. In a Circuit Court case, the jury determines the credibility of witnesses and the weight given to the evidence.
Jurors must consider only the evidence presented in the case when making decisions regarding the credibility of witnesses and the weight of the evidence.
Prospective jurors who are familiar with the parties to the lawsuit, witnesses who will testify in the case, and/or the facts of the case are routinely removed from the panel of jurors so that their familiarity with the parties, witnesses, and/or facts of the case do not influence their decision making.
Jury trial for personal injury lawsuit
Jurors in personal injury cases are routinely read an instruction from the Virginia Model Jury Instructions, stating that the jurors “may consider the appearance and manner of the witnesses on the stand, their intelligence, their opportunity for knowing the truth and for having observed the things about which they testified, their interest in the outcome of the case, their bias, and, if any have been shown, their prior inconsistent statements, or whether they have knowingly testified untruthfully as to any material fact in the case.”
After the evidence and argument by the lawyers, the jury will move into a private room, where they will discuss the facts of the case and attempt to decide who was at fault for the accident and what amount, if any, should be awarded to the plaintiff.
The jury’s verdict must be unanimous, but if it cannot, a mistrial is declared, and the case will be tried again later by a new jury.
Questions regarding the admissibility of evidence, which issues are matters of law to be decided by a judge, and which issues are factual to be decided by a jury are specific to each individual personal injury case. We encourage you to contact our personal injury law firm in Virginia Beach.
We can determine what witnesses are necessary to prove the injured person’s case, what damages the injured person can seek, and how best to present the injured person’s claim to the judge or jury.
As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person on the value of the claim, guide the injured person through the process of submitting a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the claim if a lawsuit becomes necessary.
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At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
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Jury trial for personal injury lawsuit