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Jury Selection in Auto Accident Litigation: Preparing for Voir Dire, Identifying Bias, Leveraging Strikes

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, August 20, 2024

Recorded event now available

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This CLE webinar will offer guidance and best practices considerations for selecting a jury in an auto accident case. The panel will review specific problematic juror attitudes related to both liability and damages in these types of cases and offer guidance on how to identify and keep jurors favorable to the attorneys' case as well as spotting and excusing jurors who would be antagonistic. The program will discuss preparation, types of jurors to seek out and avoid, and ways to approach various topics during voir dire.

Description

Auto injury cases have unique and recurring issues about which potential jurors may have strong opinions or biases that affect proving liability or damages, such as personal responsibility, abusive lawsuits, corporate defendants, or invisible injuries. Knowing how to reveal these biases and select a jury likely to support the client's case or defense is critical. While there may be some "art" to this activity, it is a skill that can be developed and enhanced.

Courts approach voir dire in many different ways, so counsel must be aware of any limits, special rules, or time constraints that will be imposed on jury selection.

Counsel will want to learn how to address generational differences among potential jurors and even potentially differing views on travel by automobile or experience driving. Trust in or even expectations about autonomous features may need to be explored. Trial lawyers will want to identify those jurors with strong personalities who can and will influence the others.

Listen as our expert panel discusses successful techniques in preparing for voir dire, eliciting potential biases among prospective jurors, and selecting a jury that will lead to desirable trial results in auto accident cases.

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Outline

  1. Rules governing jury selection
  2. Preparation
    1. Themes
    2. Research
  3. Types of juror personalities
  4. Dealing with problematic juror attitudes on liability in auto accident cases
    1. Sympathetic defendants
    2. Tort reform attitudes
    3. Personal responsibility
  5. Dealing with problematic juror attitudes about damages in auto accident cases
    1. Lack of physical damage to vehicle
    2. Hidden injuries, for example TBI or spine injuries
    3. Delayed injuries
    4. Emotional injuries, such as PTSD or adjustment disorder

Benefits

The panel will review these and other issues:

  • How should attorneys prepare for jury selection in auto accident cases?
  • What issues about driving, generally, may need to be explored and how do juror attitudes differ by generation?
  • What is the best way to leverage a mini-opening?

Faculty

Schermerhorn, J. Tyler
J. Tyler Schermerhorn, Esq.
Attorney
The Schermerhorn Firm

Mr. Schermerhorn’s practice is focused on representing individuals and families in catastrophic injury and...  |  Read More

Simon, Robert
Robert T. Simon
Attorney
The Simon Law Group

Mr. Simon is a co-founder of the Simon Law Group — aka Justice Team — and acts as the primary...  |  Read More

Tobin, Darren
Darren M. Tobin
Attorney
Tobin Injury Law

Mr. Tobin is a trial attorney who has focused his practice on representing individuals’ rights and has...  |  Read More

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