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Additional Peremptory Challenges in Personal Injury Cases

During jury selection in New York, did you know that there is one instance where a lawyer can ask the trial assignment judge for additional opportunities to remove jurors from jury selection without giving any reasons?

What are Peremptory Challenges?

When lawyers of both sides go into the room to pick a jury, each attorney has what is called peremptory challenges. This means each lawyer has the opportunity to take off different potential jurors, without having to give any reasons whatsoever.

However, there is a problem here, because each attorney is given only three of these peremptory challenges. If the number of lawyers on each side are the same then the scales are balanced. Suppose each side has one attorney, then each side will have three peremptory challenges, where each lawyer will be able to remove three prospective jurors without giving any reasons.

Unequal Number of Peremptory Challenges

However, what happens in your personal injury case, when you have sued more than one party, or four to five different companies, and each company is represented by four to five defense lawyers? Your lawyer will still have only three peremptory challenges to take off three potential jurors without assigning any reasons. On the other hand, each of the defense attorneys will have the same opportunity, which means three peremptory challenges per lawyer.

Hence, now, you will have three opportunities, but the defense will collectively have nine, twelve, or even more opportunities, depending on the number of parties you have sued and the number of lawyer each of these parties have hired. All the defense parties can collectively come together and take off jurors they do not like. You on the other hand are stuck and cannot do much since you might have liked those jurors.

The need for Additional Peremptory Challenges

In instances, where the defense clearly outweighs the number of opportunities you have to take off a juror without giving any reasons, you can then ask the trial assignment judge for additional peremptory challenges. Your lawyer can bring to the notice of the judge that you only have three peremptory challenges, whereas the defense has fifteen, and therefore request for six or more peremptory challenges.

In many instances, in such type of situation, the judge might grant a few additional challenges to the party that is outnumbered, in order to balance things out a little bit. However, it still depends on the discretion of the judge since he could refuse to grant additional peremptory challenges and there is nothing that the party can do about it.

Having maximum number of peremptory challenges is critical, as it provides the opportunity to remove jurors without giving any reasons. Sometimes it is difficult to find a valid reason to excuse jurors who could be biased to your case and removing such jurors is vital to your case. Therefore having additional peremptory challenges is always useful and advantageous.

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April Johnson
April Johnson
15:54 30 Jun 23
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Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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