What Is Voir Dire and How Does Jury Selection Work in a Personal Injury Trial?

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• June 23, 2025

Quick Answer: Voir dire is the jury selection process where lawyers and the judge ask potential jurors questions to make sure they can be fair. In a New York personal injury trial, this helps choose a jury that can decide the case without bias. Have you been injured in New York City? Contact our personal injury lawyers today at (646) 647-3398 for a free, no-obligation consultation.

What Is Voir Dire and Why Is It Important in a Personal Injury Trial?

Have you been injured in New York City? Contact our personal injury lawyers today at (646) 647-3398 for a free, no-obligation consultation.

How Does Jury Selection Work in New York Personal Injury Cases?

Jury selection in a New York personal injury case begins with a process called voir dire. This is the part of the trial where lawyers ask potential jurors questions to see if they can be fair and impartial. The goal is to choose a group of jurors who can listen to the facts and make a decision based only on the evidence and the law.

In New York City, jury selection takes place before the trial starts. It usually happens in the courtroom or a designated jury room, and is supervised by a judge or court clerk.

Here’s how jury selection works step-by-step:

1. Random Jurors Are Called: The court summons a pool of people from the community for possible jury service. These people are selected at random from voter or DMV records.
2. Panel Is Chosen: A smaller group—often 20 to 30 people—is picked from the larger pool to form a panel. This panel is brought into the courtroom for questioning.
3. Voir Dire Begins: The judge, and then the lawyers from both sides, ask the panel questions. These questions help find out whether a juror has any bias or personal experience that could affect their judgment.
4. Jurors Are Dismissed or Accepted: If someone shows they cannot be fair, a lawyer can ask that they be removed “for cause” (a legal reason). Each side also gets a limited number of “peremptory challenges,” which means they can remove a juror without giving a reason.
5. The Jury Is Finalized: Once both sides agree on a group of jurors, the jury is finalized. In most New York personal injury cases, there are six jurors, plus one or two alternates in case anyone can’t continue during the trial.

This process allows attorneys to build a jury that will give both sides a fair trial. It also gives jurors a chance to share any concerns they have about serving, such as personal hardships or prior experiences with similar cases.

In a busy city like New York, where people come from all walks of life, jury selection is especially important. Finding impartial jurors in a personal injury case involving car accidents, falls, or other serious incidents can greatly impact the outcome of a trial.

Have you been injured in New York City? Contact our personal injury lawyers today at (646) 647-3398 for a free, no-obligation consultation.

What Happens During Voir Dire in an NYC Courtroom?

During voir dire in a New York City courtroom, the goal is to select a fair and impartial jury. This is an important step in a personal injury trial. It happens at the start of a trial before any evidence is presented.

The process takes place in the courtroom but before the full trial begins. A group of potential jurors, called a “jury pool,” is brought into the room. From this group, the final jurors will be chosen.

Here’s what typically happens:

• The judge explains the process The judge starts by welcoming the potential jurors and explaining what the trial is about. They also share how long the trial is expected to last and what the jury’s role will be.
• Jurors take an oath Everyone in the jury pool is asked to swear that they will answer all questions honestly.
• Questioning begins Both the judge and the lawyers ask questions to learn more about each person. These questions help find out if someone can be fair and make decisions based only on the facts and the law.

The questions may cover:

• Work and personal background
• Past experiences with lawsuits, accidents, or injuries
• Opinions about lawsuits or the legal system
• Whether they know anyone involved in the case

During this time, lawyers from both sides will look for any signs of bias. For example, in a personal injury case, a juror who works for an insurance company might be excused. This is because their job may impact how they view the case.

Two types of juror dismissals can happen during voir dire:

1. For cause A juror may be removed if they seem unable to be fair or follow the law.
2. Peremptory challenges Each side can also excuse a limited number of jurors without giving a reason, as long as it’s not for race, gender, or other protected reasons.

This process continues until the required number of jurors—and sometimes alternates—are chosen. In most New York City civil cases, six jurors are selected, along with one or two alternates in case someone cannot finish the trial.

Once jury selection is complete, the trial officially begins. The chosen jurors will hear the evidence, listen to witness testimony, and help decide the outcome of the case.

Voir dire is a key step in making sure your case is heard by people who can set aside personal opinions and decide fairly. If you’ve been injured and are involved in a personal injury trial, understanding this part of the process can help ease some stress and prepare you for what to expect.

Have you been injured in New York City? Contact our personal injury lawyers today at (646) 647-3398 for a free, no-obligation consultation.

Who Conducts Voir Dire in New York Personal Injury Trials?

In New York personal injury trials, the process of voir dire—which means speaking the truth—is a key part of choosing a fair jury. Several people play a role in conducting voir dire, including the judge and the lawyers for both sides. The way this happens can vary from one courtroom to another, but there are some common features across most cases in New York City.

Here’s who conducts voir dire in a New York personal injury trial:

• Judge: In some courts, the judge leads the questioning of potential jurors.
• Lawyers: In many New York City courts, especially in personal injury cases, the lawyers do most of the questioning. This is known as attorney-conducted voir dire.

Judge-led voir dire happens more often in federal court, but it can also occur in state courts depending on the judge’s style. When the judge leads, both sides can usually submit their own questions ahead of time. The judge may ask those questions or allow the attorneys to do so later.

Attorney-led voir dire is more common in New York State courts, especially in downstate areas like New York City. In these cases, lawyers for both the person filing the lawsuit (the plaintiff) and the person being sued (the defendant) take turns asking questions. The goal is to make sure each juror is unbiased and able to decide the case fairly.

During this process, the judge usually gives the lawyers a set amount of time to question the jury panel. The lawyers may ask half the group at once or talk to each juror privately, depending on the details of the case and the court’s rules.

In a personal injury case, such as one involving a car accident or unsafe property conditions, voir dire helps both sides look for jurors who can listen to the facts carefully and without personal bias. For example, if a potential juror has a strong opinion about lawsuits or has been in a similar accident, that could affect their ability to be fair. The attorneys try to uncover this during their questioning.

Overall, voir dire is a team effort guided by court rules. While the judge oversees the fairness of the process, it is often the attorneys who do the detailed questioning in personal injury trials in New York City. This process ensures that both sides have the chance to help select a jury that will be fair and open-minded.

Have you been injured in New York City? Contact our personal injury lawyers today at (646) 647-3398 for a free, no-obligation consultation.

What Questions Are Asked During Jury Selection in NYC?

During jury selection in New York City personal injury cases, the judge and attorneys ask potential jurors a series of questions. This process, called voir dire, helps both sides choose fair and unbiased jurors. The goal is to ensure a fair trial for everyone involved.

Questions asked during voir dire are meant to uncover any biases or beliefs that could affect how a juror decides the case. These questions often focus on a person’s background, opinions, and past experiences.

Some of the most common types of questions include:

• Background questions: Jurors may be asked about their age, job, education, marital status, and whether they have children.
• Legal or medical experience: Courts may ask if jurors or their close family members have worked in law, insurance, or healthcare. This helps the court understand if a juror might lean one way due to their experience.
• Past involvement in lawsuits: Jurors may be asked if they’ve ever filed a personal injury claim, been sued, or served on a jury before. These experiences can shape how they view the case.
• Attitudes toward lawsuits: Attorneys may ask how jurors feel about personal injury claims. For example, “Do you think there are too many lawsuits?” or “Do you think injury victims are entitled to compensation?”
• Opinions on damages: Jurors may be asked whether they believe in awarding money for pain and suffering. This is important in personal injury trials, where these damages are often a key issue.
• Ability to be fair: Courts will ask if jurors are able to listen to the evidence and follow the judge’s instructions without bias. If someone feels they cannot be fair, they may be excused.

In New York City, attorneys from both sides can ask follow-up questions. This helps them get a better idea of whether a juror might favor one side. For example, if a potential juror has strong feelings against large financial awards, that could influence their decision in a case involving serious injuries.

Some sample voir dire questions in NYC personal injury trials might include:

1. Have you or a close family member ever been involved in a serious accident?
2. Do you have any strong opinions about personal injury lawsuits?
3. Do you believe people are often dishonest when making injury claims?
4. Can you award financial damages if the facts support it, even if it’s a large amount?
5. Do you have any physical or mental conditions that would make serving on a jury difficult?

These questions may seem personal, but they serve a clear purpose—to help ensure the trial is decided fairly and without unfair influence. Jurors play a vital role in the legal process, and choosing the right ones is critical to any personal injury case in New York City.

Have you been injured in New York City? Contact our personal injury lawyers today at (646) 647-3398 for a free, no-obligation consultation.

Can You Be Excused from Jury Duty During Voir Dire in New York?

Yes, you can be excused from jury duty during voir dire in New York under certain conditions. Voir dire is the part of the trial where potential jurors are questioned to see if they can be fair and impartial. In New York City personal injury cases, both the judge and attorneys may ask questions to help select a fair jury.

While all eligible citizens are expected to serve, the court understands that some people may not be able to. During voir dire, if you have a valid reason, you may be excused from serving on that particular jury—or jury duty altogether.

Here are some common reasons a person may be excused during voir dire:

• Medical or health issues: If you have a medical condition that makes it hard to sit for long periods or concentrate, you may be excused. Proof from a doctor is usually required.
• Personal hardship: If serving would cause serious difficulty—such as missing essential work, childcare problems, or financial strain—you may be released. The court may ask for supporting documents.
• Conflict of interest: If you know someone involved in the case or have a personal connection to the issue (like knowing the law firm or having a similar past experience), you may be excused.
• Bias or inability to be fair: During questioning, if you show that you cannot be neutral because of strong opinions or beliefs, either attorney may ask to remove you from the jury.

There are two main ways to be excused:

1. Challenge for cause: This means one side believes you cannot be fair or follow the law. If the judge agrees, you will be excused.
2. Peremptory challenge: Each side also has a limited number of removals they can use without giving a reason. If chosen this way, you will simply be told you are not selected.

If you’re called for jury duty in New York and believe you should be excused, it’s important to let the court know during voir dire. Always be honest and respectful when explaining your situation.

Have you been injured in New York City? Contact our personal injury lawyers today at (646) 647-3398 for a free, no-obligation consultation.

Why Does Voir Dire Matter for Your Personal Injury Case?

Voir dire plays a key role in personal injury trials because it helps create a fair and unbiased jury. In New York City, where people come from many different backgrounds and experiences, it is especially important to ask the right questions during this process.

The goal of voir dire is to select a group of jurors who can judge the case fairly, based only on the facts and the law. For someone bringing a personal injury case, the jury’s opinions and attitudes can greatly affect the outcome.

Here’s why voir dire matters in your personal injury case:

• Uncovers personal bias: Some jurors may have strong views about lawsuits, injuries, insurance, or certain professions like doctors or police officers. Voir dire allows the lawyers to ask questions to learn if a juror might be biased against you or the case.
• Ensures a fair trial: The judge and lawyers work to remove jurors who can’t stay neutral. This helps make sure you get a fair chance in court. For example, someone who has been sued for injury themselves might not fairly judge your case.
• Protects your rights: During voir dire, your lawyer has a chance to spot jurors who may unfairly doubt your injuries or not believe in holding someone accountable. Removing such jurors helps protect your right to a fair trial.
• Builds your case from the start: Voir dire is more than picking jurors—it also gives your attorney an early chance to present certain ideas, like the seriousness of your injuries or the carelessness of the other party. This can help shape how jurors see your case later on.

In a busy and diverse city like New York, every juror brings different life experiences to the courtroom. Some might work in industries where lawsuits are common; others may have personal beliefs about injury claims. Voir dire allows attorneys to explore those experiences in a respectful way.

For example, if your case involves an injury from falling on a city sidewalk, a juror who once had a similar accident might be more understanding—or potentially less fair if they had a bad experience with their claim. That’s why it’s so important to take this step seriously.

At The Orlow Firm, we understand how important jury selection is to the outcome of a personal injury trial. Our attorneys take time during voir dire to make sure your case is heard by a fair and impartial jury. If you have questions about how jury selection works in NYC or how it may impact your case, call us at (646) 647-3398 for a free consultation.

FAQs About Voir Dire and Jury Selection in NYC Personal Injury Trials

Here are some frequently asked questions (FAQs) about voir dire and jury selection in New York City personal injury trials. If you or someone you love is involved in a case, understanding this process can help you feel more prepared.

• What does “voir dire” mean? Voir dire is the process of selecting a jury. It comes from a French term meaning “to speak the truth.” During voir dire, lawyers and the judge ask potential jurors questions to see if they can be fair and unbiased.
• Who gets to ask the questions during voir dire? In New York, both the judge and the lawyers ask questions. The judge usually begins and then lets each lawyer talk with the potential jurors. This helps attorneys choose people who will be fair to their client.
• What kinds of questions are asked? People may be asked about their job, background, prior experiences with injuries or the legal system, and even their opinions. These questions are meant to see if the person can judge the case fairly.
• Can I refuse to serve on a jury? Not automatically. If serving would cause you hardship or if you’re not qualified (for example, you’re not a U.S. citizen), you may be excused. Some people may also be removed from the jury pool during voir dire if they show they can’t be fair or follow legal rules.
• What are “challenges for cause” and “peremptory challenges”? A “challenge for cause” is when a lawyer asks the judge to dismiss a person for a specific reason, like bias. A “peremptory challenge” lets each side remove a few people without giving a reason, though they can’t use these based on race or gender.
• How many jurors are chosen in a personal injury case in NYC? In civil trials, like personal injury cases, New York usually requires six jurors. There may also be alternates, in case someone has to drop out during the trial.
• Can a juror’s opinion really affect my case? Yes. Jurors decide if the injured person should get money and how much. If even one juror is unfair or not open-minded, it could hurt the outcome of the case.
• How long does the jury selection process take? It depends. Some cases select a jury in one day. Others take longer, especially if it’s a complex case or many people are removed from the jury pool.
• What if someone knows about the case already? If a potential juror has heard about the case, the judge and attorneys will ask more questions to see if that person can still be fair. If not, they may be dismissed from serving.
• What should I do if I’ve been called for jury duty? Follow the court’s instructions. If you’re chosen for voir dire in a personal injury case, answer honestly. If you have concerns, you can speak up during the questioning process.

Jury selection, including voir dire, plays a major role in personal injury trials in New York City. Each step matters because the jurors will decide on the facts and fairness of your case. If you have questions about this process because you’re involved in a case or injured in an accident, call The Orlow Firm at (646) 647-3398 for a free consultation.

Contact The Orlow Firm for a Free Personal Injury Consultation in NYC

If you or a loved one has been injured in New York City and are preparing for a personal injury trial, understanding the jury selection process—especially voir dire—can make a big difference. At The Orlow Firm, we understand that legal terms and court procedures can feel confusing or even overwhelming. We’re here to help you make sense of each step, including how voir dire might affect your case.

Voir dire is the process where lawyers and the judge ask potential jurors questions before a trial begins. This helps make sure the jury is fair and unbiased. The answers jurors give can shape how your personal injury case is heard and decided. That’s why it’s important to have lawyers who take this part of the process seriously and prepare for it carefully.

If you’re facing a personal injury case in New York City, whether it involves a car accident, slip and fall, or another type of injury, we’re ready to support you every step of the way—from early investigation to jury selection and beyond. Our team knows the NYC court system and understands how to approach jury selection in a way that protects your rights and strengthens your case.

Contact The Orlow Firm today at (646) 647-3398 for a free, no-obligation consultation. When you call, you’ll speak directly with someone who can answer your questions, explain your options, and help you decide what to do next.

During your free consultation, we can discuss:

• What to expect during voir dire in your case
• How jury selection can impact your trial
• Steps to prepare for trial and protect your legal rights

You don’t have to face the legal system alone. If you think you have a personal injury case, or if you’ve been injured and want to know more about what comes next, call The Orlow Firm at (646) 647-3398 today. Our team is here to listen, explain, and help you move forward.

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Lorem ipsum dolor sit amet, consectetur adipiscing elit. In erat enim, efficitur vel mauris in, ullamcorper dapibus sem. In a sodales lectus, ut laoreet justo. Sed auctor malesuada tellus in luctus. Vestibulum sed lectus id sem tempor finibus vel non mauris. Duis at purus nec lacus rutrum imperdiet. Morbi dictum lorem et ullamcorper facilisis. Morbi consectetur magna felis. Aliquam facilisis vitae nibh ac imperdiet.
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