Picked for Jury Duty: Does the Defendant Have Insurance?

Posted by rozeklawoffice on May 4, 2010 under Personal Injury Cases, Questions and Answers | Be the First to Comment

Question: I have been picked for jury duty at the Milwaukee Courthouse. I am  hesitant to award damages if the defendant does not have insurance. How will I know if the defendant has insurance coverage?

Answer: The simple answer is, you won’t. A jury will never know if the defendant has insurance or how much he/she may have. Attorneys and judges are prohibited from mentioning whether the defendant is insured. If they do, a mistrial will occur.

Typically, if a trial is scheduled to occur, it will be safe for you to assume that the defendant has insurance. A plaintiff lawyer will rarely devote the countless hours of time it takes to pursue a claim unless there is a guaranteed source of recovery- that being an insurance policy.

You many find it interesting to know that most personal injury attorneys would rather have a judge decide the case rather than a jury. This is due to the skepticism that citizens have of injured plaintiffs. Oftentimes, this skepticism of a legitimate claim causes jurors to refuse to award money to those who are legitimately hurt. Insurance companies and their defense lawyers are completely aware that juries typically award less money to an injured plaintiff than an experienced judge. That’s why in more than 90% of personal injury lawsuits, its the defendant (or more like their insurance company) that requests the jury.

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If you have been injured and have questions about the legal process in Milwaukee including the costs and benefits of filing a personal injury claim, please contact an experienced Milwaukee Personal Injury Attorney who can walk you through the process and answer your questions before you make a decision.