If your personal injury case goes to trial, one of the first steps you may hear about is something called “voir dire.” A skilled Virginia Beach personal injury attorney will tell you that this stage can have a major impact on how your case turns out. Even though it happens before any evidence is presented, voir dire can shape the entire trial.
In very simple terms, voir dire is the process of choosing the jury. It’s when the lawyers and the judge ask questions to the potential jurors to determine who should and shouldn’t be on the jury. The goal is to choose people who are disinterested in your case.
What Does Voir Dire Mean?
“Voir dire” is a French phrase that means “to speak the truth.” In court, it is the process of asking potential jurors questions about their experiences, beliefs, and background.
These are not random questions. They are supposed to uncover anything that might affect a juror’s ability to be fair. For example, in a personal injury case, a potential juror may be asked if they have ever been in a car accident, what they think about lawsuits, or if they have any ties to insurance companies.
The goal is to find jurors who can listen to both sides and decide the case based only on the evidence and the law.
Why Is Jury Selection So Important?
Many people believe that the evidence is the most important part of a trial. Evidence is important, but so can be the people deciding the case, the jury.
Jurors bring their personal life experiences, opinions, and beliefs with them to the courtroom. Even when they are trying to be fair, they might be affected by how they feel about the case.
For example, a juror who believes that “there are too many lawsuits” may be less open to awarding compensation. A juror who has had a bad experience with doctors might view medical evidence differently. These types of biases can quietly affect the outcome of a case.
That is why a Virginia Beach personal injury attorney will take voir dire very seriously. It is the first and best chance to identify potential problems before the trial begins.
How the Voir Dire Process Works
During voir dire, a group of potential jurors is brought into the courtroom. The judge, and sometimes the lawyers, ask them questions. Some questions are addressed to the whole group, while others may be addressed to individual jurors.
The questions are intended to expose bias, not to humiliate anyone. The court wants to know the truth so that it can decide whether they are a good fit for the case.
Lawyers look for signs that a juror may not be able to be impartial. This could be personal experience, strong views, or relationships that connect them to the case in one way or another.
What Types of Bias Are Attorneys Looking For?
Bias is not always obvious. Sometimes people do not even realize they have it. That is why asking the right questions is so important.
Here are some common types of bias that may come up during voir dire:
- Personal experiences: A juror who has been in a similar accident may already have strong feelings about the case
- Views on lawsuits: Some people think injury claims are exaggerated or not needed
- Connections to insurance companies: A juror who works in insurance may see claims differently
- Trust in certain professions: Strong trust or distrust of doctors, police, or companies can affect decisions
- Financial concerns: Some jurors may worry about how a large award could impact businesses or insurance rates
Identifying these issues early helps attorneys decide whether a juror should remain on the panel.
How Attorneys Remove Potentially Harmful Jurors
Once questioning is complete, attorneys may request that certain jurors be removed. There are two main ways this happens.
The first is called a “challenge for cause.” This means the attorney believes a juror cannot be fair based on their answers. For example, if a juror openly says they cannot be impartial, the judge will usually remove them.
The second is called a “peremptory challenge.” This allows an attorney to remove a juror without stating a reason, unless the removal appears to be based on discrimination. However, there are limits on how many of these challenges can be used, and they cannot be used for improper purposes, such as discrimination.
This process helps both sides work toward a jury that can fairly hear the case.
Why Honest Answers Matter
“Voir dire is only as good as the jurors’ honesty. If a juror withholds important information, it can cause serious problems later on.
If a juror does not disclose a connection to one of the parties in the case or a strong personal belief, this may lead to an unjust verdict. In some cases, it could even lead to a mistrial, meaning the case has to be started over.
That’s why courts want jurors to speak freely, even if they think their answer might disqualify them.
How Voir Dire Can Shape the Outcome of a Case
It might sound odd, but jury selection may influence a case even before it begins. The group of people who are picked to be on the jury will decide how they see the facts, how they feel about the witnesses, and eventually what verdict they reach.
A well-handled voir dire can help ensure that the jury is open-minded and willing to consider all the evidence. But if biased jurors are permitted to remain, it can be an uphill battle for one side.”
That’s why experienced trial lawyers spend so much time preparing for this stage. They think carefully about the types of questions to ask and how to read the answers they receive.
How a Virginia Beach Personal Injury Attorney Can Help
If your case goes to trial, having someone who understands the voir dire process can make a real difference. An experienced Virginia Beach injury lawyer knows the right questions to ask, how to recognize hidden bias, and what to do to keep unfair jurors off the jury.
It requires legal and people skills at this stage of the case. It’s not just what jurors say, but how they say it and what that could mean for your case.
The bottom line is simple: make sure your case is heard by a jury that is willing to be fair.
Talk to a Trial-Ready Legal Team
If you have been injured and are thinking about legal action, it is important to work with a team prepared for all phases of the process, including jury selection. At Shapiro, Washburn & Sharp, the Virginia Beach personal injury attorneys have many years of experience helping people with injury cases. They won a $46 million jury verdict in one case for a client who sustained serious and permanent injuries from a Norfolk Southern train derailment. The jury also tacked on interest from the time of the accident, which increased the total to $60 million.
Serving Virginia Beach, Norfolk, Portsmouth, and Hampton, their team understands local courts and how to protect your rights from start to finish. To speak with us about your case, call (833) 997-1774 to schedule a free consultation or contact us online.