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An Important Point to Discover during Jury Selection

Is the potential juror closer to the type of person who believes that the plaintiff has to show with 100% certainty that what they are claiming is true? This is an important aspect to consider during jury selection.

Burden of Proof

During jury selection in an accident case, medical malpractice case, or even wrongful death case, your lawyer will have the opportunity to speak to potential jurors, who are about ready to determine whether they are going to be sitting, listening, and deciding your case. One of the key items that lawyers talk about during jury selection is something known as the burden of proof.

Technically, lawyers are not allowed to go into and give jurors the law about what they are required to prove. In reality, your lawyer does not have to show that you are 100% correct. The jury also does not have to sit there week after week, trying to figure out and be 100% sure that what the injured victim is claiming is true. This is because the law does not require you to show with 100% certainty that what you are claiming is actually true.

Being More Likely Right than Wrong

Instead, you only have to show that you are more likely right than wrong.

What does this mean? It means you have to tip the scales of justice, ever so slightly. By doing that, by showing that you are slightly more than 50% correct, the jury will be fully justified in giving a verdict in your favor. Obviously, the potential jurors have not yet heard any testimonies in the jury room, since the lawyers are simply exploring the ideas, perceptions, and beliefs of these potential jurors.

However, your lawyer will have the opportunity to ask questions to find out from them if they are going to be hard headed or obtuse about being 100% certain. In fact, the judge will inform the jurors at some point that they do not have to be 100% certain about what the plaintiff is claiming is true. The judge will tell them that they have to find out only who is more likely right than wrong, where the scales are tipped ever so slightly.

During jury selection, your lawyer can ask follow up questions after extracting answers to his or her main questions. This questions and answers session will provide critical insight to your lawyer about what these potential jurors are thinking about, and whether they would be the right type of jurors to decide on this particular matter. Based on this logic and reasoning, your lawyer can ask a potential juror if he or she is particular about being 100% certain.

A Potential Waste of Time

If the juror is fanatical about being absolutely certain then this juror can be excused because they are not getting it and they could be a threat to your case. If such jurors are accepted to be on the jury then they can take a long time to reach a conclusion or they might not even be able to reach one, and your whole case will have to be tried again.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
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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