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.