In a personal injury lawsuit, the jury listens to the evidence presented by the parties and then deliberates in secret. Following deliberations, the jury votes on whether the defendant is responsible for the injuries and on the compensation to be awarded. In California, a unanimous jury verdict is required. In other words, every juror should agree on the fault and compensation. A hung jury occurs when the jury is unable to reach a verdict.

What Does a Hung Jury Mean

A hung jury is when the jury cannot reach a verdict following deliberation for a substantial period. The exact definition differs across different states. In some cases, a jury is deemed hung when its members disagree on a ruling on the defendant. In other cases, a jury becomes hung when the jury members fail to agree unanimously on every count.

Regarding jury unanimity, it is essential to distinguish between civil and criminal cases, as they have varying standards.

In a criminal case, the prosecutor must establish the accused's guilt beyond a reasonable doubt. A unanimous jury verdict ensures broad agreement on guilt, reducing the risk of innocent suspects being sentenced. If one jury member has a reasonable doubt, they could stop a criminal conviction. The burden of proof beyond a reasonable doubt is higher than in civil trials, such as personal injury cases, because the defendant faces a life-altering consequence: losing their freedom. The rationale is that the jury should not deprive anyone of freedom unless there is a strong consensus (every jury member agrees on the defendant's guilt).

In civil cases, an anonymous jury verdict is not necessary. In federal cases, civil jurors should be unanimous in rendering a verdict. Some states permit a verdict based on a majority, like a third or a fourth of the jurors agreeing. Arguments for and against requiring unanimity in civil claims exist. It encourages jury members to consider each piece of evidence and reach a unanimous agreement carefully. Other people claim it can result in a deadlocked jury and a compromised verdict.

In your personal injury case, the jury should decide beyond not guilty or guilty, unlike in criminal cases. Sometimes they assign partial fault to the parties involved. If the jurors find in your favor as a victim, it can also affect the compensation amount that the liable party should pay. The jurors should also decide on the counterclaims in your personal injury case.

The jury in your personal injury case could disagree on different issues, different from its verdict, and there are many opportunities for a hung jury.

When the outcome of your personal injury case is a hung jury, the judge could proclaim a mistrial.

The judge can request the jury to deliberate further, typically more than once. The direction is called an Allen charge. If the jury still cannot reach a verdict, the judge will declare a mistrial. 

In your civil case, the dynamic could trigger settlement discussions, whether the involved parties negotiate a compromise to prevent the unpredictability of retrying your case. Sometimes, the judge can request anonymous jury feedback on the issues that led to the hung jury. It can be beneficial for the parties to develop strategies for settlement negotiations or a retrial.

You, the plaintiff, can decide to retry the personal injury case with a new jury. While there are concerns about the legality of another trial following the hung jury, the Supreme Court has held that such a trial is constitutional. 

Settlement Process

The procedure for settling varies from case to case based on the specific details. Some cases may be settled outside the court, while others are settled in court. If you decide to settle the personal injury claim out of court, a lawyer or the judge must approve the settlement.

Here is what to expect during a personal injury case:

Negotiations

Your knowledgeable personal injury lawyer and the defendant’s counsel can engage in negotiations. If the negotiations take place out of court, the judge will preside over them.

What Happens If Your Personal Injury Claim is Settled

If your personal injury claim gets settled, you will receive monetary compensation for damages, such as medical costs, lost income, pain and suffering, emotional distress, and lost earning capacity.

 The case is fully settled after you sign off on a release.

What Happens If the Involved Parties Cannot Reach a Settlement?

If you cannot reach an agreement with the opposing party, you can still seek legal redress against them. You may do so through arbitration or litigation.

You can also file your personal injury lawsuit as the next step. Personal injury cases often result in a settlement, with lawsuits rarely going to trial. If they head to trial, there is a high chance of dismissal.

Personal Injury Compensation

The compensation amount you can receive in a personal injury claim depends on the type of your injuries, the severity of your injuries, and the case specifics. The more serious your injuries are, the more compensation you may receive. For example, the potential compensation for the loss of your limb is higher than that of a fractured bone. To maximize the compensation you stand to receive, you should have seasoned legal representation.

The Plaintiff Can Dismiss the Case Voluntarily

As the plaintiff in a personal injury case, you have the constitutional right to bring a Notice of Voluntary dismissal before the other party files a motion for summary judgment or a response. 

The notice indicates that your personal injury case dismissal is without prejudice, meaning that you can file the same case again if the statute of limitations (SOL) has not expired. However, if during the second time you attempted to file your claim in federal or state court, filing the notice is a dismissal with prejudice. The phrase "with prejudice" implies you cannot bring another petition on your personal injury claim. Therefore, you should consult your attorney before filing for a dismissal.

How to Fill Out Your Voluntary Dismissal Form

Here is how you should proceed:

  • Fill in your personal injury case details — On the first page, enter your name and address and select the box for the section assigned to your case. Write down your name, the defendant’s name, the judge's name, and your case number.
  • Assess and sign the dismissal — Read through your notice to ensure you have completed it thoroughly and accurately. Leave no blank spaces. Then, date and sign it.
  • Prepare your Certificate of Service — you should serve the defendant with every document you file, which you can do by mail. The certificate is a document that notifies the court that you have served a specific document.

Filing and Serving Your Voluntary Dismissal

Here are the steps to follow:

  • Upon the completion and signing of your Certificate of Service and voluntary dismissal (if necessary), print three (3) copies of each.
  • Serve your notice — Ensure that you serve your Notice and Certificate to every involved party. If you file electronically, the court will consider the document filed.
  • File your notice—You can either mail or deliver the original and two (2 copies of your certificate and notice to the clerk at the court where the judge handling your personal injury case is situated. The court clerk will keep the original copies and return the stamped copies.

Please note that your personal injury case will proceed if you dismiss specific responsible parties and not the whole claim. Therefore, you should continue doing the following:

  • Check your mail and notify the court whenever you relocate. Failing to inform the court of changes to your mailing address, phone number, or email can result in missing essential deadlines and, ultimately, losing the case.
  • Keep monitoring your case online.

Retrying Your Personal Injury Case

During the retrial of your case, you should expect the following:

New Jury Selection 

Before your personal injury case trial starts, the trial judge will request a panel of potential jurors to enter the courtroom so that jury selection can begin.

Once the potential jurors are in the courtroom, they will take an oath to answer truthfully to each question about qualifications for jury duty in your case.

The oath is known as a jury admonishment, which requires prospective jurors to speak the truth when answering questions.

The court clerk invites jurors for review by the lawyers and the trial judge. The judge will address the jurors regarding the names of individuals involved in your litigation and key aspects of your personal injury case. The lawyers and judges ask jury members questions to determine whether they will be impartial, fair, and free of bias.

Every juror is required to obey the laws as the judge explains them.

If an attorney feels that any juror should be excused, they must challenge the juror to excuse them. 

The excusing and questioning of jurors will continue until the lawyers and the judge select 12 individuals as jurors during your trial. The judge and the lawyers can also choose alternate jurors.

Every juror must take the oath seriously because it means they will reach their verdict only on the evidence presented and the law. They cannot regard any other proof other than what the involved parties presented in court. Their role is to ensure that they render justice.

Opening Statements

Once the trial starts, you, the plaintiff, or your lawyer can make an opening statement telling the jury what you expect the proof to demonstrate. You should show the defendant's accountability for your injuries.

The defendant's attorney can also give their opening statement after you. The defendant presents an affirmative legal defense to your allegations, rebutting your evidence.

The opening statements are not proof. There are also no witnesses to testify at this phase, and no physical proof is used. Instead, they give the jury a framework for the personal injury case, the bone of contention, and the issues the jury should decide.

If your personal injury case involves more than one defendant, the lawyers representing every party should give their opening statement.

Case Presentations

The attorneys from both sides can present evidence.

You, the plaintiff, will attempt to persuade the jurors that the defendant(s) are accountable for your damages and injuries. You can use witnesses, expert witness testimonies, and physical evidence such as medical records, photos, police reports, and documents to strengthen your case.

The defendant can then present their proof similarly to prove that they are not accountable for your damages and injuries.

During the presentations, the defendant or plaintiff can call witnesses who will take an oath to speak the truth. The involved party that summoned the witness should ask the witness questions during direct examination. examination. They aim to elicit information to strengthen their side of the story. Next, the opposing side can cross-examine the witness to find gaps in the witness's version and attack the credibility.

Closing Arguments

Next, attorneys on both sides can present their summaries of the personal injury case, also known as "arguments." Every party presents proof favorable to their side. The lawyers can discuss reasons and draw conclusions. The arguments are not proof but attempts to convince the jury.

During this phase, the involved parties can only depend on the proof admitted during the trial. You cannot use new arguments or evidence associated with any proof not discussed during your trial.  

The closing arguments phase is the last opportunity for the parties involved to address the jurors before the judge renders a ruling.

Judge Instructions

The judge will explain the law that applies to your case to the jury. It is the judge's instructions to the jury, and the jury must follow them. The judge determines the law applicable to your case based on the proof of injury and personal injury arguments.

Additionally, the judge describes concepts, including the following:

  • The preponderance of the evidence standard
  • Various forms of damage
  • Definition of injury claims the jurors should consider

Jury Deliberation

After the closing statements, the jury will go to the jury room for deliberations. In the jury room, the jurors will deliberate the evidence presented; each juror will express their opinion and the reasons supporting it. Jurors can argue and hold different opinions.

Every juror should vote on every issue to be decided in your personal injury case. The presiding juror should ensure the voting process is done properly. In this civil case, the judge tells the jury how many jurors must agree to reach a verdict.

Deciding Between a Personal Injury Trial or a Settlement: Which is Better

The section discusses the pros and cons of settling your personal injury case or going to trial, so you can make the right decision.

Here are the benefits of settling your personal injury case:

  • It is a faster resolution, allowing you to move forward with your life. Typically, the court system is backlogged.
  • If the case proceeds to trial, you leave the case outcome to the court. If you have a viable case and the jury rules in your favor, you have an opportunity to receive the most favorable case outcome. While you could receive more compensation by taking your case to court, you could also receive nothing.
  • Settling your case is less stressful—Settlement is a less stressful option, especially when victims are coping with financial, emotional, or physical stress. Trials can also create anxiety and stress for the parties involved. The involved parties can bring witnesses, and the opposing side can scrutinize their lives and character.

You can consider proceeding to trial if:

  • You have sustained severe or catastrophic injuries — Typically, insurance companies do not like paying large compensation amounts, so they can use various tactics to reduce the compensation you receive. Sometimes, obtaining the compensation you deserve for your severe injuries requires going to trial.
  • The insurer is acting in bad faith — If the insurer fails to process your personal injury claim, or they deny your claim unfairly, your attorney can advise you to take the case to trial.
  • There are disputes over who is at fault.

Please note that your attorney cannot force you to take your personal injury case to trial or to settle the case. The decision is yours. Your lawyer should only give you their objective opinion and explain the pros and cons of each.

Find a Tenacious and knowledgeable Personal Injury Attorney Near Me

A hung jury happens when the jury cannot agree unanimously about your personal injury case. The case outcome can trigger a case retrial, you voluntarily dismissing the case, or engaging in a case settlement. The California-based attorneys at The Personal Injury Attorney Law Firm have extensive legal knowledge and can help you navigate complex legal procedures with expertise, ensuring your rights are protected. They can also use the information gathered in the initial trial to ensure you receive a satisfactory compensation offer and fight for your best interests during the case settlement or at trial. Call us at 800-492-6718 to schedule your no-obligation consultation, where we can review your case and advise you on the best course of action.