Delaware personal injury plaintiffs have a constitutional right to jury trial under Article I, Section 4 of the Delaware Constitution. A jury trial uses 12 jurors in Superior Court (6 in Common Pleas) who decide the facts and damages. A bench trial puts those decisions to the judge alone. Most Delaware personal injury cases are tried to juries.
One of the most important strategic decisions in a Delaware personal injury case is whether to demand a jury or choose a bench trial. Each option has advantages depending on the case facts, the judge, and the venue.
The Detailed Answer
The choice between jury and bench trial affects every stage of trial preparation, from voir dire to jury instructions.
The Right to Jury
Article I, Section 4 of the Delaware Constitution guarantees the right to jury trial in civil cases. To preserve the right, a party must demand a jury in the complaint or answer (or by separate written demand within 10 days of the last pleading) under Delaware Superior Court Civil Rule 38.
Jury Composition
Delaware Superior Court juries consist of 12 members in civil cases. Court of Common Pleas juries have 6 members. Verdicts must generally be unanimous. Jurors are drawn from registered voters and licensed drivers in the relevant county.
Voir Dire
Voir dire is the jury selection process. Each side may strike potential jurors for cause and use a limited number of peremptory strikes. Selecting the right jury can be decisive in cases involving sympathetic plaintiffs or unpopular defendants.
When Plaintiffs Choose Bench Trials
Plaintiffs sometimes prefer bench trials when: (1) the case involves complex technical or legal issues juries may struggle to follow; (2) the assigned judge is known for plaintiff-favorable rulings on damages; or (3) the case involves unsympathetic facts about the plaintiff that a jury might hold against them.
When Plaintiffs Choose Jury Trials
Most plaintiffs prefer jury trials. Juries can award higher damages, particularly for pain and suffering. Sympathetic plaintiffs with serious injuries often connect better with juries than judges, who tend to be more clinical.
What This Means for Your Case
The decision should be made strategically with your attorney based on the facts, the judge, and the local jury pool. New Castle County juries differ from Sussex County juries. Your attorney evaluates both venue and judge before recommending a strategy. Related: Delaware courts, winning at trial.
Related Questions
Q: How long does a Delaware jury trial last?
Typical Delaware personal injury jury trials run 3 to 7 days, including jury selection, evidence, closing arguments, and deliberation.
Q: Can both sides agree to a bench trial?
Yes. If neither side demands a jury, the case is tried to the bench by default.
Q: Who pays the jury?
Delaware courts pay jurors a small daily stipend. Litigants do not pay jurors directly.
When to Talk to a Delaware Personal Injury Lawyer
Trial strategy decisions require Delaware-specific judgment. Joseph M. Jachetti has experience handling Delaware auto accident, premises liability, and medical malpractice jury trials. Free consultations: (302) 984-1000.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.