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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
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Experience:  Attorney with significant personal injury experience
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To LegalPro54: What is your opinion regarding going the "non-jury"

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To LegalPro54: What is your opinion regarding going the "non-jury" route in federal court?


Thank you very much for posting this question separately. Sorry for any inconvenience.

Plaintiffs generally prefer jury trials because jurors are more likely to respond emotionally when it comes to determining damages. Bench trials tend to move a bit quicker and are generally preferred when the case involves complex issues of law and fact that are more likely to confuse a jury and result in an erroneous verdict.

Facts such as your are ideally suited for a jury trial. You want a jury to get angry and upset about the way you were treated, and your facts lend to that. Even if you wanted a bench trial, either party can request a jury trial and if either party does, thats how the case will be tried.

In short, the primary benefit of a bench trial is the elimination of (or mitigation of) confusion on cases that are factually and legally complex. Jury trials are generally preferred by plaintiffs because juries are more inclined to make emotional decisions about damages and award more.

I can't remember the name of the study, but it's been researched that juries tend to award plaintiffs verdicts slightly less often but for substantially larger sums.

I hope this helps. Please let me know if I can be of further assistance.
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