McKinney Dog Bite Trials

In McKinney and throughout the State of Texas, either side can demand a jury trial, pay a $30 jury fee and get a jury trial as opposed to a bench trial. A bench trial is a trial in which a judge makes the findings of fact and the conclusion as well. In a jury trial, the jury is supposed to find the facts and the judge applies the law to the facts, takes the verdict, and turns it into a judgment.

Collin County has a reputation as a conservative area and, because of that, insurance companies are more apt to ask for a jury trial and to pay the jury fee than they are in some other counties. There are situations in which a plaintiff will want a bench trial, and there are situations in which they would want a jury trial. Ultimately, either side can force the issue and demand a jury.

However, just because a jury trial has been requested does not mean that the case will get to a jury trial. A number of things can come up and get in the way. Defense strategy often dictates trying to get a case dismissed prior to the jury trial by way of filing a motion for summary judgment.

This often happens in situations in which summary judgments have been upheld on appeal. For example, in dog bite cases, because the legal standard to maintain a case is much higher than a normal negligence case, lawyers for the dog bite victim must plan on having to defend a motion for summary judgment from the very beginning of the lawsuit. Due to the need to show the aggressiveness of the dog and the prior aggressiveness, there are usually motions for summary judgment on this aspect.  It is important to develop this type of evidence from animal control records, veterinary records or even first hand testimony early in the case to make sure that the case is prepared to defeat the defendant’s motion for summary judgment that is likely to be filed.  By anticipating the defendant’s move and preparing for it, the trial lawyer increases the likelihood of defeating that motion and having a full trial.

Determining the Type of Trial

There are many factors considered in determining what type of trial will be desired. In Collin County, the jurors are perceived to be very conservative. Those defending lawsuits would rather have a jury, but those bringing the cases will often rather not have a jury trial.

The reputation of jurors in the legal community makes a difference as to whether or not people demand a jury or not. In the more liberal areas, people are more likely to demand juries from the plaintiff’s standpoint. In the more conservative areas, defendants are more likely to demand jury trials as opposed to bench trials.

Even that depends upon the individual judge. Some people have had bad experiences with judges based on their background or how they have treated the lawyer in other cases.  The judge can have a significant impact on the type of trial demanded by the lawyers.

Serving as a Juror in a Jury Trial

There are specific standards for a person to be able to serve on a jury. A person cannot serve on a jury if they are not a citizen of the United States. They cannot serve on a jury if they cannot understand, read, and write the English language because most of the evidence is in English. There are specific factors like that that prevent someone from being on the jury. Then there are things a juror can be qualified but can choose to take exemptions, like if they are over a certain age or if they have young children that depend upon them during the daytime.

There can also be bias and prejudice for a particular kind of case. Their own personal experiences could color so much their judgment that they come in with prejudgments of who they want to win or lose the case. The same thing happens if someone has been a defendant in a case. For instance, if a person was a defendant in a dog bite case, they not be the most objective juror to sit on a case where a person is seeking compensation due to a dog attack

When both lawyers eliminate those potential jurors they believe will actively harm their side of the case, then hopefully, we are left with people in the middle who are going to fairly adjudicate the issues that are before them—that is the theory at least.  So, if you are called to jury duty and don’t say much, you are more likely to not be eliminated and end up on the jury.  If you speak up, you are less likely to end up sitting on the case.

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Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
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12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
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Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
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Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
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Fernando Salas
19:07 10 Dec 19
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Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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