How Many Jurors Decide My Personal Injury Case?
This is a very relevant question that many clients ask me. For example, one of my recent clients asked me this as I was picking a jury at the start of her case. She thought the jury’s verdict had to be unanimous. This is a common misconception. In reality, under Pennsylvania law, a verdict of five-sixths of the jury is what is required for a verdict. For instance, in any medical malpractice accident, motor vehicle accident, fall down accident, or any other type of personal injury case a verdict is reached if 5 out of 6 rule in your favor. In fact, at the close of a case, the judges will “charge” or instruct the jury with the following statement:
“In civil cases in the Commonwealth of Pennsylvania, it is not necessary to achieve a unanimous jury verdict, that is, that all of you agree on a verdict. It is only necessary that seven (five if there are six jurors, six if there are seven jurors, or ten if there are twelve jurors) jurors agree upon a decision.” – Stuart Carpey