Kansas Jury Trials
In the world of personal injury litigation, attorneys and clients alike are often faced with a difficult decision: settle or go to trial. While settlement may seem safer and more predictable, there is compelling evidence—both anecdotal and statistical—that jury trials often lead to better outcomes, especially when plaintiffs are well-prepared and represented by experienced counsel.
Jury trials can yield superior results in personal injury cases, including the influence of community values, leverage in negotiations, and the credibility that comes with being willing to present a case to the jury. The following are potential reasons for taking your case to a jury trial:
Juries Can Bring Fairness and a Human Element into the Process
Unlike insurance adjusters or defense counsel who are trained to minimize payouts, jurors are ordinary citizens who bring community values and a sense of justice to the courtroom. They can evaluate a plaintiff’s suffering, loss, and credibility in a human, empathetic way that formula-driven claims systems often overlook. With that being said, juries can also bring their potential biases against lawsuit and plaintiffs into the courtroom.
Juries are especially influenced by:
- Visible injuries and suffering;
- Credible, relatable plaintiffs;
- Clear evidence of negligence and/or wrongdoing by the defendant;
- Bad faith or callous behavior by defendants or insurers. (Unfortunately, except in bad faith claims, uninsured claims, or underinsured claims, the jurors are rarely allowed to even know that an insurance company had anything to do with the case)
These human factors can result in higher damage awards, particularly for non-economic damages like pain and suffering, loss of enjoyment of life, and emotional distress—categories that are often minimized in pretrial negotiations.
Verdicts Send a Message
A jury verdict does more than compensate an injured plaintiff. It sends a message to the defendant and the community about what the public considers fair and just. Verdicts are public record and can deter repeat misconduct, especially in cases involving:
Especially bad acting defendants, negligent or dangerous corporate practices; DUI or Reckless drivers.
This reputational risk is one reason why defendants often increase settlement offers when trial appears imminent, especially if previous jury verdicts in similar cases have been high.
Willingness to Try the Case Strengthens Negotiation Leverage
Defendants and insurers monitor the behavior of plaintiff’s counsel. Attorneys with a reputation for taking cases to verdict often receive better settlement offers, because the risk of an adverse verdict looms larger. Conversely, attorneys perceived as “settlement-only” may receive lowball offers. In other words, be wary of hiring a large personal injury law firm that brings in massive amounts of clients every month and then mainly settles cases. Those settlement mills have a reputation among the insurance defense community for being a settlement mill and will likely result in lower funds received by you, the injured party. Instead, find a personal injury law firm that has dedicated legal support to your case, maintains regular contact with their clients, is actively involved in your case, and is preparing your case for trial from the beginning, being ready to go the distance. When plaintiff’s counsel does this regularly, it forces defendants’ insurance companies to seriously evaluate their own exposure, which often results in more favorable resolution.
Trial Awards Often Exceed Pretrial Offers
Empirical studies support the idea that going to trial can lead to better results. For example, a study by Rand Corporation and others have shown that:
- Personal injury plaintiffs who reject low settlement offers and proceed to trial often receive higher awards, sometimes substantially larger;
- Jury awards, while less predictable, can reflect the full scope of a plaintiff’s damages, including future medical care and long-term losses that insurers may minimize;
- In many jurisdictions, median jury awards for personal injury claims significantly exceed the average settlement value.
This isn’t to say that every trial results in a windfall, but when liability is strong and the damages are real, juries can, and often do, deliver justice that far exceeds what insurers are initially willing to pay or offer.
Trials Provide a Sense of Closure and Empowerment
In addition to the financial impact, many plaintiffs report a sense of dignity and closure from having their case heard by a jury. Especially in cases involving severe injury or loss, the opportunity to tell their story, have it believed, and receive a verdict in their favor can be deeply validating. Too often I hear people tell me horror stories about their past experiences in other firms and how they really wished they didn’t take the settlement. I hear things like, “I would have rather taken the case to trial to have my case fully heard, and then possibly receive nothing, vs the amount I ended up getting through the settlement.” Note: Oftentimes, a jury trial just doesn’t make sense for many reasons, such as when the insurance company offers policy limits or there are bad facts which can tank your case. But, a full strategic analysis should be made to make such a decision.
Trials also hold defendants publicly accountable, which is something settlements, especially confidential ones, can never do. While not every case should go to trial, and while trials carry risk, the reality is this: jury trials can potentially produce better outcomes for personal injury plaintiffs, financially, emotionally, and morally. They reflect the voice of the community, not the cold calculus of an insurance company. For PI attorneys and injured individuals who are prepared, well-supported, and willing to fight, the courtroom remains the place where justice can be fully realized.
What does a jury trial look like in Kansas District Court?
The Anatomy of a Jury Trial in Kansas: A Step-by-Step Guide with Legal Authority
A lot happens leading up to a jury trial. These things include prepping the case pre-litigation, filing the petition, obtaining service, going through the lengthy discovery process, case management order, legal litigation arguments, Pretrial conference, continuances, and more. But when the jury trial finally arrives, it is the injured party’s opportunity to tell their story to a jury and seek justice and fair compensation in the form of a money damages award. An actual civil jury trial in Kansas proceeds through a structured series of phases, each governed by specific statutes, case law, and procedural rules. Understanding the anatomy of a jury trial is essential for attorneys, litigants, and observers of the judicial process. The following outlines the main stages of a Kansas jury trial, citing relevant authorities under the Kansas Statutes Annotated (K.S.A.) and Kansas Supreme Court Rules.
First – Jury Selection (Voir Dire)
K.S.A. 60-247(a) – Provides for trial by 12 jurors. K.S.A. 60-247(c) – Outlines peremptory challenges and challenges for cause.
K.S.A. 43-158 – Establishes jurors who must be excluded from service
K.S.A. 43-159 – Establishes jurors who may be excluded
qualification and selection procedures.
PIK Civ. 4th 100.01–100.03 – Pattern jury instructions for voir dire.
The trial begins with voir dire, the process of questioning potential jurors to identify bias and select a fair and impartial jury. Both parties may challenge jurors for cause (unlimited) and exercise a limited number of peremptory challenges (typically 3 per party in civil cases under K.S.A. 60-247(c)). The jury is then empaneled and sent back to the jury room while the judge meets with the lawyers on the case to address any further last minute issues. Eventually, the jurors are brought back into the court room to hear the parties’ initial remarks about the case.
Second – Opening Statements
Opening statements is the time when the parties are given an opportunity to provide a basic outline of what the evidence will show and what the party may want the jury to pay attention to, etc. The plaintiff goes first, followed by the Defendant. The court expects a few basic rules to be followed during opening statements.
- Opening statements are not evidence. State v. Holmes, 278 Kan. 603, 102 P.3d 406 (2004): Though a criminal case, Holmes is frequently cited for the proposition that opening statements are merely outlines of what parties expect to prove.
- Improper statements may result in mistrial or limiting instructions. McGuire v. Sifers, 235 Kan. 368, 681 P.2d 1025 (1984): The Court reiterated that statements outside the bounds of admissible evidence or referencing inadmissible material may prejudice the jury.
- Opening statements are not meant to be argumentative. Trial courts have broad discretion over the scope of opening. State v. Duke, 256 Kan. 703, 887 P.2d 110 (1994): Recognizes the trial judge’s discretion to limit improper or argumentative content.
Third – Cases in Chief – Presentation of Evidence: First the Plaintiff presents their Case-in-Chief. Then, after the Plaintiff has completed presenting their evidence, the Defense presents their Case-in-Chief.
During this time, the judges serves as arbiter to keep the trial as fair as possible while observing the laws in Kansas, rule on motions, determine what evidence is allowed to be presented to the jury and when objected to what evidence shall not be allowed. Much of that was actually determined well before trial, during the motions’ hearings or otherwise. Many statutes apply during the presentation of evidence, including, but not limited to:
K.S.A. 60-401 et seq. – Kansas Rules of Evidence govern admissibility.
K.S.A. 60-216(b) – Addresses case management conference, pretrial disclosures, which affect what evidence is presented at trial.
K.S.A. 60-230 to 60-237 – Cover testimony, documents, and depositions.
The plaintiff presents evidence first, including witness testimony, documents, and exhibits. The defense may cross-examine. After the plaintiff rests, the defense may present its own case. The burden of proof in most civil cases is preponderance of the evidence, explained in PIK Civ. 4th 103.01.
Fourth – Motions During Trial (Including Directed Verdict)
K.S.A. 60-250(a) authorizes a motion for judgment as a matter of law (formerly called a directed verdict) after the close of evidence.
After the plaintiff or both parties have rested, either side may move for judgment as a matter of law if the evidence, viewed in the light most favorable to the opponent, is insufficient to support a verdict. These are rarely granted in jury trials unless no reasonable juror could find for the opposing party.
Fifth – Jury Instructions
K.S.A. 60-251 – Governs jury instructions and requires that the court instruct the jury before closing arguments.
Kansas Pattern Instructions – Civil (PIK Civ. 4th) – Provides model instructions approved by the Kansas Supreme Court.
The judge prepares and reads the jury instructions, which outline the relevant law, definitions, and burden of proof. Counsel may submit proposed instructions and object to any that are given or refused, to preserve issues for appeal.
Sixth – Closing Arguments
Each party presents a closing argument, summarizing the evidence and advocating how the law should apply to the facts. The plaintiff generally argues first and may also offer rebuttal after the defense closes.
Kansas appellate courts have consistently emphasized that closing arguments must:
Stay within the scope of evidence; McGuire v. Sifers, 235 Kan. 368, 681 P.2d 1025 (1984): A party may not refer to facts outside the record; doing so may result in reversal if prejudice is shown.
Hoglund v. State Farm Mut. Auto. Ins. Co., 254 Kan. 633, 869 P.2d 682 (1994): Court emphasized that closing argument is the party’s chance to draw inferences and persuade—but argument must be rooted in the trial record.
State v. Tosh, 278 Kan. 83, 91 P.3d 1204 (2004): Although a criminal case, Tosh is often cited for improper prosecutorial argument principles that also apply in civil trials—e.g., appealing to juror prejudice or civic duty.
Avoid improper personal opinions; Not mislead the jury.
Trial Strategy Tip: Closings are your final opportunity to weave the evidence into a coherent narrative. Build directly from the jury instructions and evidence admitted. Avoid inflammatory language or “golden rule” appeals (asking jurors to put themselves in the plaintiff’s shoes), which are improper.
Seventh – Jury Deliberations and Verdict
K.S.A. 60-248 – Jury Trial Procedure. Sets rules for jury verdicts, including the requirement of a unanimous verdict in civil cases unless otherwise stipulated. Also, in some instances, the statute allows a verdict if just 10 or more jurors agree on the verdict when they can’t all agree.
PIK Civ. 4th 100.91 – Instruction to jury before deliberations.
The jury retires to deliberate in private. They may request exhibits or clarification of instructions. When they reach a verdict, it is read in open court and entered into the record.
Eighth – Post-Trial Motions
K.S.A. 60-259(a) – Motion for new trial.
K.S.A. 60-250(b) – Renewed motion for judgment as a matter of law.
K.S.A. 60-260 – Motion for relief from judgment or order.
Parties may file post-trial motions challenging the verdict based on legal error, misconduct, or insufficient evidence. These must be filed within statutory time limits – K.S.A. 60-259.
Ninth – Entry of Judgment and Appeal
Even after the jury trial is over, the case may not actually be over due to potential appeals
K.S.A. 60-258 – Governs entry of judgment
K.S.A. 60-2103 – Timelines for appeal
The court enters a final judgment based on the jury’s verdict. Either party may file a notice of appeal within 30 days. The appellate court will then review the record for legal error.
The Kansas jury trial process is governed by a combination of statutory authority under Chapter 60 of the Kansas Statutes, pattern jury instructions, and established courtroom practices. From voir dire to verdict, each phase is structured to ensure fairness, impartiality, and adherence to due process. Understanding each stage and the authority behind it is vital for effective trial advocacy. Contact an Experienced Kansas Jury Trial Attorney to help maximize the compensation you receive for your injuries.
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