Why Bias Matters in Personal Injury Litigation

In personal injury cases, where compensation can impact a person’s livelihood and future well-being, impartiality is everything. Even a hint of bias—from a juror, a judge, or a party’s attorney—can cast doubt on the outcome and undermine public trust in the legal system. That’s why Vermont courts have multiple safeguards to prevent personal or systemic bias from influencing verdicts.

Bias can be either explicit or implicit. While the former is intentional and often easier to identify, implicit bias is more subtle and can affect how individuals perceive facts or credibility without realizing it. Vermont’s judicial procedures are designed to account for both forms.

Jury Selection: A Critical Line of Defense

The voir dire process—jury selection—is one of the primary ways Vermont courts filter out bias before a trial even begins. Attorneys and the judge ask potential jurors questions aimed at uncovering personal beliefs, experiences, or relationships that might influence how they view a case.

Vermont’s approach includes:

• Expanded questioning: Judges often allow attorneys to probe deeply into a juror’s background, particularly in emotionally charged cases like wrongful death, medical malpractice, or injuries involving children.
• Cause challenges: If a juror shows any signs of potential bias, either party can request their removal for cause.
• Peremptory challenges: Attorneys can also dismiss a limited number of jurors without needing to provide a reason—though they cannot use these to discriminate on the basis of race, gender, or other protected classes, as clarified by Batson v. Kentucky.

Some Vermont courts also allow the use of written juror questionnaires in complex personal injury trials to ensure thoughtful and honest answers before oral questioning begins.

Judicial Oversight and Disqualification

Judges are expected to remain neutral arbiters, but Vermont has strict procedures to remove even the appearance of partiality. Under Rule 3E of the Vermont Code of Judicial Conduct, judges must disqualify themselves if:

• They have a personal bias concerning a party or lawyer
• They have prior involvement in the case as a lawyer, witness, or judge in another court
• A close family member has a financial interest in the outcome

Vermont litigants can file a motion for judicial disqualification if they believe a judge’s impartiality might reasonably be questioned. The motion must include specific facts—not vague concerns or dissatisfaction with previous rulings.

Expert Witnesses and Evidence Standards

Bias can also creep in through the misuse of expert witnesses or misleading evidence. Vermont courts adhere to Rule 702 of the Vermont Rules of Evidence, which aligns closely with the federal Daubert standard. This rule requires expert testimony to be:

• Based on sufficient facts or data
• The product of reliable principles and methods
• Applied reliably to the case at hand

Courts act as gatekeepers, deciding whether an expert’s methods and conclusions are grounded in valid science or unduly skewed to favor the hiring party. Judges may hold pre-trial Daubert hearings to evaluate the admissibility of expert testimony, especially in high-stakes cases involving medical or technical claims.

Instructions to the Jury: Neutral Language Matters

Judges in Vermont play an active role in shaping how jurors understand their responsibilities. Before deliberations begin, the judge delivers jury instructions—carefully worded explanations of the law and the elements of the claim.

To prevent juror bias:

• Instructions emphasize the need to decide the case based only on the evidence presented and the law
• Jurors are told to avoid news coverage, social media, or personal research
• Judges clarify that sympathy or prejudice should not factor into the verdict

Research from the National Center for State Courts suggests that precise jury instructions help reduce reliance on emotion and minimize unconscious bias, especially in injury cases where damages may be emotionally evocative.

Pretrial Motions That Shape the Playing Field

Bias can also be introduced through unfair or inflammatory arguments during trial. To prevent this, Vermont courts allow pretrial motions in limine, which request the judge to exclude certain evidence or arguments that could unduly influence the jury.

Common uses include:

• Excluding references to a plaintiff’s immigration status or unrelated criminal history
• Barring arguments that appeal to regional stereotypes or socioeconomic status
• Preventing the use of emotionally charged language, especially in closing arguments

Judges rule on these motions before the trial begins, shaping the scope of what jurors will hear—and ensuring a fairer presentation of the facts.

Appeals: A Safety Net Against Bias

Even with safeguards, mistakes can happen. Vermont’s appellate courts serve as an additional layer of protection. If a party believes bias influenced the outcome—whether through jury misconduct, improper comments, or legal error—they can file an appeal.

While appeals courts don’t retry the case, they do examine whether the trial was fair. If bias is found to have materially affected the outcome, the appellate court may reverse the decision or order a new trial.

Conclusion

Vermont courts take multiple, deliberate steps to reduce bias in personal injury litigation—from jury selection and judicial oversight to evidence control and clear jury instructions. These mechanisms work together to preserve the integrity of the process and protect every litigant’s right to a fair hearing. While no system is perfect, the structure Vermont has in place helps ensure personal injury verdicts are based on facts, not prejudice.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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