Many people may be surprised about one aspect of civil lawsuits: when a personal injury claim or similar matter goes to trial before a jury in Arizona or virtually any other state, the jury is by no means entitled to "the whole truth." One piece of information that is kept from jurors is the fact that a personal injury defendant has insurance coverage, and exactly how much insurance coverage exists. Despite the fact that jurors frequently want to know about insurance in motor vehicle accident cases and other litigation, the procedural rules of court exclude such information about insurance from evidence based on the assumption that it is not relevant.
Rule 411 of the Arizona Rules of Evidence states that evidence of liability insurance coverage "is not admissible upon the issue whether the person acted negligently or otherwise wrongfully." This exclusion is rooted in the notion that plaintiffs should not be able to argue that insurance coverage may have led an individual to act with abandon. On the other hand, some argue that such evidence of insurance would cause juries to award larger damages amounts because they focus less on the individual defendant's ability to pay and more on the nature of the harm.
Several other varieties of information that jurors may wonder about are also subject to exclusion from civil proceedings, including:
- Evidence derived from negotiations to settle or compromise a case prior to trial (Rule 408)
- Evidence that one of the parties has been involved in prior accidents, unless so similar to the present accident as to be especially relevant to a particular legal issue (Rule 402)
- Evidence that a person has previously received traffic tickets, and the nature of prior infractions (Rule 404(b))
The trial judge has an important role as gatekeeper to prevent the introduction of prejudicial evidence to juries. Yet every type of prohibited evidence mentioned above is admissible under certain circumstances. An experienced personal injury trial lawyer must be ready to respond immediately to the court's judgment, either to argue why facts should be admitted, or to make objections heard and preserve issues for possible appeal.
Motor Vehicle Accident Attorneys Must Act Swiftly to Protect Client Interests
The rules of evidence may have been created and amended with the best policy intentions in mind. But by preventing the full story to be heard they can also limit the compensation provided to personal injury victims or surviving family members in wrongful death actions.
Given such procedural challenges, potential clients should ensure that the law firm they enlist has time-tested trial skills and stays abreast of the latest legal developments. Designations such as Personal Injury and Wrongful Death Litigation Specialist granted by the Arizona Bar Association Board of Legal Specialization are one dependable means by which to assess the counsel you seek for a claim involving premises liability, a construction accident or any other type of personal injury action.
