The Rights of Personal Injury Victims to Attend Their Trial & Preventing Unfair Bias
Judges have a broad array of tools that they can employ rather than excluding the plaintiff from his or her personal injury trial. If evidence is more prejudicial in playing to the sympathy of the jury than what it offers in probative value, it may be excluded. Opening statements and closing arguments also may be restricted. There also are standard jury instructions that may be supplemented when the risk of sympathy is higher than normal. As a final protection, the jury's verdict may be reviewed by the trial court and again on appeal to ensure that it was not the product of bias rather than fact and law.