Why Is the 7th Amendment Important?

The 7th Amendment to the U.S. Constitution guarantees the right to a jury trial in civil cases filed in federal court. Even though personal injury cases rarely go to trial (the vast majority get resolved through the insurance claims process), this right is still important for accident victims and their families.

The personal injury lawyers at Oliver Law Firm are committed to achieving justice for our clients. In many cases, we are able to negotiate a fair settlement for on behalf of our clients. However, when insurance companies refuse to settle fairly, we do not hesitate to take our clients’ cases to court in front of a judge or jury. 

Our experienced attorneys are seasoned litigators. We understand what it takes to build a successful case and we know how to pursue the maximum compensation to which you may be entitled under Arkansas law—and we have the results to prove it.

What is the 7th Amendment?

The 7th Amendment is part of the Bill of Rights. Ratified in 1791, the Bill of Rights—which consists of the first 10 amendments to the U.S. Constitution—was intended to preserve individual rights and ensure that U.S. citizens have the ability to protect their rights when necessary. 

While the 7th Amendment is one of the lesser-known amendments in the Bill of Rights, it continues to serve a fundamental purpose today. The 7th Amendment states in full:

“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

“Suits at common law” include all types of personal injury cases, as well as wrongful death cases and other lawsuits filed to protect individuals’ legal rights. If you have a personal injury or wrongful death case, the 7th Amendment will play an important role—even though no one is likely to mention the 7th Amendment during the process. 

Why is the 7th Amendment Important in Personal Injury Cases? 

Why is the 7th Amendment important in personal injury cases? As we mentioned above, the 7th Amendment guarantees the right to a jury trial in civil cases filed in federal court. The federal courts have jurisdiction over cases involving parties located in different states as well as cases involving an “amount in controversy” of $75,000 or more. While these cases can also be filed in state court, going to federal court is an option. 

Since most serious personal injury cases (and virtually all wrongful death cases) involve at least $75,000 in damages, going to federal court is an option for accident victims and their families. This means that accident victims and their families can assert their 7th Amendment right to a jury trial if they choose to do so.

But, as we also mentioned above, the vast majority of successful personal injury (and wrongful death) cases result in out-of-court insurance settlements. In fact, most cases never get close to going to trial. Given that this is the case, why does the right to a jury trial matter?

It matters because the insurance companies have to take the possibility of a jury trial (and its costs) into consideration during the settlement negotiation process. This, of course, assumes that the claimant has hired a lawyer who is prepared to go to court if necessary. If the insurance companies know that they can face the cost and inherent uncertainty of a jury trial if they refuse to make a reasonable settlement offer, this can impact how they approach settlement negotiations. Generally speaking, if the insurance companies know that the alternative to making a reasonable settlement offer is defending against a claimant’s accusations in front of a jury, this will increase the chances of a favorable settlement. 

Will Your Personal Injury Case Go to a Jury Trial?

So, with all of this in mind, will your personal injury case go to a jury trial? Most likely not. 

But, it is important to know that this option is available to you if you need it. Not only can an experienced personal injury or wrongful death lawyer help you deal with the insurance companies, but your lawyer can also ensure that you are fully prepared to fight for your legal rights in court if necessary. At Oliver Law Firm, we are committed to protecting our clients’ rights by all means available; and, while many of our cases result iin out-of-court settlements, we have won trial verdicts for many of our clients as well.

Request a Free Consultation with an Arkansas Personal Injury Lawyer at Oliver Law Firm 

Do you have questions about your legal rights after a serious or fatal accident in Arkansas? If so, our personal injury lawyers can explain your rights and legal options.

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We welcome clients from across Arkansas and throughout the United States from our office in Rogers, AR.