How the 7th Amendment Protects Your Right to a Personal Injury Trial

Are you familiar with the Constitutional amendments? While most Americans are familiar with the 1st Amendment which grants freedom of speech or the 2nd Amendment, which grants the right to bear arms, many are unfamiliar with the other rights they are granted, especially when it comes to the 7th Amendment, which guarantees your right to a jury trial.

Anyone filing personal injury claims should understand the 7th Amendment and how it protects their rights.

Understanding the 7th Amendment

The Bill of Rights was ratified in 1791 and contains the first ten amendments to the Constitution. Therefore, the 7th Amendment became a part of the protection of rights during this time. It might not be as well-known as other amendments but it serves a powerful purpose.

This amendment states that in suits involving common law where the amount disputed is over $20, citizens have the right to trial by jury. These common suits referenced in the amendment include personal injury cases that are filed to protect the legal rights of the injured.

Why the 7th Amendment Matters for Your Personal Injury Case

While it’s not always brought up, the 7th Amendment exists to guarantee you the right to a jury trial in a civil case filed in the federal courts. Since federal courts have jurisdiction over cases with parties that are in different states or have amounts that are controversial, which is $75,000 or more, it essentially protects you by giving you legal options to right the wrongs that someone negligently caused you to suffer.

It should be noted that these cases can be filed in state court but taking them to federal court is also an option. Most personal injury cases involve a large sum in damages, often over the $75,000 threshold. Essentially, the 7th Amendment grants you the right to choose a jury trial if you wish.

However, going to trial isn’t always required. In fact, the majority of personal injury cases will settle out of court, making it less likely that you’ll need to see the inside of a courtroom. You might be wondering why it would even apply to your case. The answer is simple: insurers need to always consider the possibility of facing a jury trial and the costs associated with it during settlement negotiations.

Why Are Insurance Companies More Afraid of a Jury Trial?

To answer this question, it helps to understand how insurance companies handle injury claims. For example, if you are hurt by another driver in a car accident, you would contact their insurance company to file your personal injury claim.

The insurance adjuster will show sympathy, which can trick you into thinking that they are concerned for your welfare, but don’t be fooled. They’re hoping they can get you to say something they can use against you. They’ll likely tell you there’s no need to get an attorney, and they’re hoping you’ll take the bait. Without an attorney to protect your legal rights, they can offer you a lowball settlement and make you think that’s all you deserve even when your medical expenses and other losses caused by their policyholder are much higher.

Insurance companies don’t want you to hire an attorney because it’s easier to manipulate you in this way. Once you sign a release for the settlement offer, they’re legally off the hook. You can’t pursue any additional legal action for the accident.

When you have a personal injury attorney advocating for you, the insurance company knows that it may face higher costs and greater uncertainty when your case goes to a jury trial. Your evidence may be strong and compelling and it will be better for all concerned if they offer you a full and fair settlement rather than going into trial.

How to Know If Your Personal Injury Case Will Go to Trial

While it is more common for personal injury cases to settle before trial, there are many that continue to the courtroom. How do you know if your personal injury case will go to trial? There may be certain indicators that your attorney will point out as they prepare your case. Reputable attorneys always do the legwork first, even if they feel strongly that the case will settle, to put additional pressure on the defense.

One of the most common reasons why a case will go to trial is that the defendant’s attorney may feel very strongly they will win. However, it is also common for insurance companies to stand firm and dig their heels in, allowing the case to go to trial because they don’t want to set a precedent for settling.

Sometimes, the amount sought by the injured party is deemed too high, and when neither side can agree, the case is brought before a jury to find a fair resolution. In certain circumstances when there has been gross negligence by the defendant, a plaintiff attorney may urge a jury trial to publicly hold the at-fault party accountable for their actions.

Additionally, there are multiple factors that can influence whether or not your case will settle through pretrial negotiations or go to the courtroom. The extent of your injuries along with the expenses for your medical care, need for rehabilitation, and future medical costs are among the most powerful factors. Other factors include your income and earning capacity, the other damages you’ve lost, your age, and your family situation.

How a Personal Injury Attorney Can Help You After You’ve Been Hurt

If you’ve suffered serious injuries in an accident that another person negligently caused, it’s worth talking to a personal injury lawyer to learn about your legal options. You may have a valid case, and they can help you by investigating, gathering evidence, and negotiating for a fair sum.

While you most likely won’t need to use the 7th Amendment, it is comforting to know that you have the option to seek justice under the law.