When most people think about going to court over a personal injury case, they picture a jury of peers sitting in a courtroom, weighing the evidence before coming to a decision. While jury trials are common in civil litigation, they are not the only option. In some situations, a personal injury lawsuit may be decided by a judge alone through what’s known as a bench trial.
Bench trials are often less familiar to the public but can play a significant role in the legal process, particularly in cases where the facts are more technical than emotional or when both parties agree to waive a jury. Understanding when and why bench trials occur in personal injury claims can help injury victims make more informed decisions about how to approach their case.
Continue reading to learn what a bench trial is, how it compares to a jury trial, the advantages and disadvantages, and the circumstances where it may be the better route in a personal injury trial. If you’ve already begun litigation or just looking into legal options after an accident, knowing how the trial process works is important.
What Is a Bench Trial?
In a bench trial, the case is heard and decided solely by a judge. There is no jury involved. The judge acts as both the finder of fact and the interpreter of the law, meaning they evaluate the evidence, determine what happened, and apply the relevant legal standards to make a ruling.
Bench trials are used in many types of legal proceedings, including contract disputes, family law matters, and civil claims like personal injury. Either party can request a bench trial, but in most jurisdictions, both sides must agree to waive their right to a jury for it to proceed this way.
Bench Trial vs. Jury Trial in Personal Injury Cases
Key Differences
The most obvious difference is who decides the outcome. In a jury trial, a group of citizens hears the case and renders a verdict. In a bench trial, the judge does it alone. But there are other distinctions:
- Time and efficiency: Bench trials are often quicker because they avoid the jury selection process and typically follow a more streamlined schedule.
- Complexity of issues: Judges may be better equipped to understand highly technical or legal issues that could confuse a jury.
- Formality and setting: Bench trials tend to be less formal, which can lower stress levels for those testifying.
Why This Matters in Personal Injury Lawsuits
In a personal injury trial, the issues often involve medical evidence, accident reconstruction, and questions of negligence. If the case hinges on technical facts or legal nuances, a judge might be in a better position to evaluate the evidence fairly without being swayed by emotion.
On the other hand, cases that evoke strong emotional responses—like those involving permanent injuries or wrongful death—may benefit from being presented to a jury, where sympathy can play a larger role.
When Do Bench Trials Happen in Personal Injury Lawsuits?
Bench trials may arise in several ways during a personal injury lawsuit:
- Agreement between parties: Both the plaintiff and the defendant agree to forgo a jury.
- Court mandate: In rare cases, a judge may order a bench trial if the law or court rules dictate it.
- Default or uncontested cases: If the defendant doesn’t contest liability or fails to appear, the plaintiff may proceed through a bench trial for damages.
Bench trials are also more common in smaller claims or cases filed in certain courts, like small claims or administrative forums, where jury trials aren’t typically used.
Pros and Cons of a Bench Trial in a Personal Injury Case
Advantages
A bench trial can offer several benefits, especially in the right circumstances. For example, the proceedings may move faster, which can reduce legal fees and get the plaintiff a resolution more quickly. Judges are also less likely to be swayed by dramatic testimony or emotional appeals, which can be helpful when the legal issues are particularly complex.
Another benefit is predictability. Experienced personal injury attorneys often have a sense of how certain judges rule in particular types of cases. That insight can help guide strategy and decision-making.
Disadvantages
One of the biggest risks when in the middle of a bench trial is that it all rests on the decision of a single person. With a jury, there’s a broader range of perspectives. Judges, like anyone else, bring their own biases and interpretations to the bench.
Additionally, some personal injury claims benefit from the emotional appeal that a compelling story can have on a jury. In those situations, forgoing a jury might weaken your position.
Strategic Reasons to Choose a Bench Trial
Choosing a bench trial isn’t always about speed—it’s often a calculated legal strategy. Here are a few reasons a personal injury lawyer might recommend this route:
- The legal issues are highly technical, such as disputed medical causation or detailed statutory interpretation.
- The facts are strong, but not emotionally compelling, making a judge a better audience than a jury.
- The judge has a favorable track record with similar personal injury claims.
- The case involves a bench trial by default, such as in certain state administrative hearings or federal claims processes.
Of course, these are case-by-case decisions. A knowledgeable personal injury attorney can help weigh the risks and benefits based on the specifics of your claim.
How a Personal Injury Attorney Can Help
Whether your case goes to a bench trial or jury trial, having a lawyer who understands both processes is critical. An experienced personal injury attorney not only prepares your case but also helps you make informed decisions about how it should be tried. They will know when a bench trial could serve your interests and how to adjust their presentation accordingly.
The skills required to argue a bench trial are different from those needed in front of a jury. A judge will expect legal precision, logical argumentation, and clearly organized evidence. Your lawyer must be adept at presenting your personal injury claim in a way that appeals to legal reasoning rather than emotion.
Call Brandon J. Broderick For Legal Help
If you’ve been injured and are preparing for a personal injury trial, you need an attorney who can guide you through every step—including deciding whether a bench trial is right for you. At Brandon J. Broderick, Attorney at Law, we represent clients across a wide range of personal injury claims and understand how to build cases that succeed—whether in front of a judge or a jury.
Let us help you make the best possible choices for your situation. Contact our office today for a free consultation and learn more about how we can protect your rights and pursue the compensation you deserve.