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Most people who enter the legal world of personal injury and wrongful death cases are very surprised to learn about certain facts and procedures that occur in our civil justice system. Here are two that astound most people:
1. If your case goes to trial, the jury will never know whether or not the at-fault party has insurance!
Similarly, the jury will not know what amount of insurance coverage the at-fault party has. That’s right—in Tennessee, the existence of insurance, or lack thereof, is not admissible into evidence.
This archaic rule is based on the theory that a jury would be more likely to award a larger amount of damage if they knew an insurance company, as opposed to the individual defendant, was paying the verdict. Even though everyone sitting on the jury knows that liability insurance is a fact of our modern lives, if insurance is mentioned at trial the judge will almost certainly declare a mistrial and the case will have to be tried again.Similarly in Tennessee State courts, the at-fault party is not required to disclose the amount of his or her insurance limits to the injured party or their attorney. However if your Tennessee accident case is one that is filed in Federal Court, the amount of any insurance coverage is discoverable. Filing a substantial case in Federal Court as opposed to State Court—in cases where that is possible—is a strategy that can be used to discover the amount of insurance coverage the other party has. An experienced personal injury attorney will understand the factors involved in deciding whether this is the proper strategy to take in a given case.
2. The jury will not know of any offers of settlement made before or during the trial!
