Brooklyn, NY asked in Personal Injury, Car Accidents and Civil Rights for New York

Q: Do i have the rights for trial jury?

In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.

3 Lawyer Answers

A: In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

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Answered

A: Yes, in most cases involving personal injury, you have the right to request a trial by jury. This right is guaranteed under the Seventh Amendment of the U.S. Constitution, which preserves the right to a jury trial in civil cases where the value in controversy exceeds twenty dollars. However, specific rules may vary depending on the state and the court in which your case is filed.

To exercise this right, you typically need to make a formal request, often called a "jury demand," within a certain time frame after filing your lawsuit or being served with the lawsuit. If you miss this deadline, you might lose the opportunity to have your case decided by a jury and instead have it decided by a judge. The court rules and procedures can be complex, so it's important to pay attention to these details to protect your rights.

It's also important to consider that a jury trial can be more time-consuming and costly compared to a bench trial, which is decided by a judge alone. However, some people prefer a jury because they believe a group of their peers may be more sympathetic to their case. Weighing the pros and cons of each option and understanding the process can help you make the best decision for your situation.

A: Yes, in most jurisdictions you have a right to trial by jury for most issues in a personal injury case, if the jury is requested in a timely and proper manner.

Discuss this with your attorney or other attorney in your state.

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