The idea of suing a big company for personal injury in court may be daunting when you have suffered because of a company’s negligence. You may ask yourself whether a jury of your colleagues would ever, in any case, be on the wrong side of someone against a big business.
This is a legitimate issue, and the dynamic at work in an Alaskan courtroom is the initial move towards a formidable argument. It is a complicated subject, but understanding why a jury can be biased towards a corporation strengthens you. An experienced personal injury attorney in Alaska knows how to overcome these obstacles and win the compensation you deserve.
During a trial, it is always essential to remember that the jurors are human beings with beliefs and experiences in life. As a personal injury lawyer in Alaska, I have observed how these biases may affect their views of a case. Even corporate defense lawyers know how to take advantage of these preconceived ideas.
The most widespread obstacle is the so-called personal responsibility narrative. The defense attorneys usually state that it is your fault, the injured party, that, in some way or another, you caused what happened. They can hint at the fact that you were not listening or that you did not make the best decision. This tactic is compelling in Alaska due to our state of pure comparative negligence.
According to Alaska Statute § 09.17.060, any compensation you will get will be decreased by your percentage of fault. This implies that the corporation may have been 90 percent liable, but if the jury thinks you were 10 percent liable, your award will be reduced by 10 percent.
Moreover, a widespread and unfortunate stereotype exists of the so-called greedy plaintiff who inflates injuries to get significant compensation. Corporate attorneys can take advantage of this by carefully deconstructing your medical history and day-to-day activities to indicate that your injuries are not as severe as you are making them sound. This may cause the jurors to be skeptical, so they may not readily identify with your plight.
Big companies possess enormous resources and hire skilled attorneys with an established guidebook on protecting against personal injury cases. One leading tactic is putting as much blame as possible on you. They will be heavily relying on the apportionment of damages, Alaska Statute 09.17.080, in which the jury must impose a percentage of fault on all parties involved, including those present at trial.
The other common strategy is to minimize the magnitude of your losses and damage. Defense can claim that you already had injuries or did not need medical treatment. They aim to reduce the financial cost to their client, irrespective of the harm they have suffered.
Though this is the case, you can successfully sue a corporation due to your injuries. It is essential to have good legal representation that can foresee and overcome such corporate defense mechanisms. A skilled lawyer will carefully collect and provide evidence to create a compelling and persuasive case. This covers all the medical records, expert testimony, witness statements, and reconstructions of the accidents.
Jury selection is an essential aspect of any trial, and it is called voir dire. Your lawyer will get to interview potential jurors to find and disqualify any of their biases that would harm your case.
In addition to evidence and legal reasons, it is essential to find a way to make your story sound in a manner that will touch the jury on a human level. This will make them see how the corporation’s negligence has affected your life.
If you are injured and contemplating a personal injury claim against a corporation in Alaska, call our firm for a free consultation. A competent personal injury lawyer in Alaska will be able to hear your case and make you aware of your legal possibilities.
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