Bench Trial
Definition
A bench trial is a trial conducted before a judge without a jury, where the judge serves as both the finder of fact and the decision-maker on legal issues. Both parties must agree to waive their constitutional right to a jury trial, or certain types of cases may proceed by bench trial automatically. The judge hears evidence, determines credibility, and issues a verdict or judgment.
How It’s Used in Personal Injury Cases
Bench trials offer an alternative to jury trials in personal injury cases. Some attorneys prefer bench trials for smaller cases, complex technical issues, or situations where community bias might affect jury decisions. Bench trials typically proceed faster, cost less, and involve less formality than jury trials. The judge issues written findings of fact and conclusions of law, which can limit appellate issues. However, jury trials may yield higher damages awards and are generally preferred by plaintiffs’ attorneys in cases with sympathetic facts.
Practical Example
In a slip-and-fall case against a major retail chain, the plaintiff’s attorney worried local jurors might favor the large employer. The case involved clear liability but relatively modest damages of $75,000. Both parties agreed to a bench trial. The case concluded in one day instead of three, with significantly lower costs. The judge issued a detailed decision awarding $72,000 with findings that made appeal difficult.
Why It Matters to Your Case
The choice between bench trial and jury trial involves strategic considerations including case complexity, expected damages, local jury tendencies, and cost concerns. Judges tend to focus on evidence and law rather than emotion, which can help or hurt depending on your case facts. Discuss the benefits and risks of each option with your attorney to make an informed decision.
Key Takeaway
A bench trial has a judge decide your case instead of a jury—this option may be faster and less expensive, but jury trials often result in higher damages awards in sympathetic cases.