Imagine a panel of 35 jurors responding to the question: How many of you believe that pain and suffering should “not” be compensable damages in a personal injury case?
Imagine that over one half of the prospective jurors raise their hands.
Imagine you are successful in striking a few for cause. But there are 6 remaining in the box, all of whom do not honestly answer questions in voire dire. Besides these remaining jurors, there are four more waiting in the queue who do not believe in pain and suffering.
What do you do?
After trying one of the best cases I have in years, this bias cannot be overcome. No matter how great a case your try, the jurors will find a reason to reduce your general damages in the verdict.
What is the problem?
Some suggest it’s the economy. Others suggest that it’s a conservative venue.
What is the solution?
The solution is try your case, do your best and be sincere, forthright and candid using typical life experiences that jurors may have had themselves to find a common grown for them to relate to your client.
Staring down the barrel of more than one half dozen potential jurors who do not believe in pain and suffering is down-right scary!
Hang in there. Civil Justice for some but not for all.