Jury Trials Are Part Of What Makes America Great

Using juries to decide conflicts is a practice that began in ancient Greece.  In their version, juries consisted of hundreds of citizens called upon to decide the facts of the cases presented.  The Magna Carta enshrined the jury as a fundamental right of an English citizen in 1215.  It established and secured the right to trial jury by a jury of peers.  In the United States juries have played a fundamental role in the legal system of the United States since the beginning.

The right to trial by jury was one of the reasons the Founding Fathers cited in the Declaration of Independence for revolting from Britain.  Thomas Jefferson said “I consider Trial by Jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution”.

The 7th Amendment to the Constitution of the United States provides that:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The Idaho Constitution states even more strongly:

 Article 1-Section 7. RIGHT TO TRIAL BY JURY. The right of trial by jury shall remain inviolate; but in civil actions, three-fourths of the jury may render a verdict ….

The strength of that language “Shall remain inviolate” speaks loudly of how the State’s founders viewed the right to trial by jury.  The Cambridge dictionary defines inviolate as something that must be “not harmed or damaged.”

As did the Nation’s and the State’s founders, we believe in the Constitutional provisions that protect your right to a jury trial.  Citizen jurors bring wisdom, knowledge and sense of fairness into the courtroom.

Are All Personal Injury Cases Decided By a Jury?

Our goal is to resolve your case without the need to take advantage of the jury system in court.   We try to present your story in a way that the insurance company will agree to to pay you a fair amount for your losses without the necessity of litigation. Settlement is faster,  easier and less expensive for everyone involved.  But it still has to be fair to you.   When the insurance company refuses to cooperate by paying a fair settlement, we do not hesitate to bring a case to litigation or a full trial.  The jury stands as the safeguard of your rights.  Our role at trial is to persuade the members of the jury to righteousness of your cause and to show them why they should give an award in your favor.

Understanding The Jury’s Role

Idaho law provides that jury’s are the “finders of fact.”  A jury’s job is to evaluate the evidence presented by both sides and decide what really happened.   The Judge provides instructions about the relevant laws.   In the end, the jurors must decide whether to rule in favor of the plaintiff or the defendant.

The jury is made up of members of the community where the incident in question took place.  Each of Idaho’s judicial district follows it own procedures in selecting people to serve.  The basic goal is to get to a decision that reflects and conforms with the standards of the community.  If certain actions are deemed negligent or reckless by people in that town or city, this common opinion should be reflected in the jury’s verdict.

This holds to account governments, corporations and individuals for their actions.  By adding that measure of fairness and making sure that these powerful entities can be checked by citizens, juries protect freedom and an orderly society.

Let an Experienced Trial Lawyer Fight for You

As an Idaho accident and injury law firm, our team of lawyers and professionals has literally hundreds of years of combined courtroom and litigation experience. We have won multiple million dollar cases during our careers.  We have presented and argued many cases to juries similar to the one that might hear your case.

John Kluksdal Avatar

John Kluksdal

John W. Kluksdal has established himself as one of Idaho’s top personal injury litigators. He represents people injured by the negligence and recklessness of others. His current emphases is on motor vehicle accident and medical negligence claims.

Mr. Kluksdal began his legal career working in the U.S. Attorney’s Office, and then honed his appellate skills by working for two years for Chief Judge Darrel Perry of the Idaho Court of Appeals. Prior to joining the firm that is now Hepworth Holzer, LLP, Mr. Kluksdal was an attorney for a large Idaho insurance defense firm.

Mr. Kluksdal has been a principal attorney for the firm representing a variety clients. Among his successes are obtaining a $5,000,000.00 judgement for the death of our adult clients’ mother. In addition he was one of the leads in trial for and obtained a $2.2 million judgment for an employee based on breach of a severance agreement contract. In other cases he obtained in $2.93 million judgment in a medical malpractice case where the negligence resulted in a partial spinal cord injury, a $1.85 million judgment in a wrongful death case, a $1.123 million judgment for medical malpractice resulting in a serious infection, and a $1 million settlement in a medical malpractice wrongful death case. Mr. Kluksdal has of course represented many other clients in smaller cases, and has participated in many of the firm’s other significant results. He is AV® Preeminent™ Peer Review rated by his peers in Martindale Hubbell.

Mr. Kluksdal is a member of the Idaho State Bar and is admitted to practice in all state and federal courts in Idaho, as well as the Ninth Circuit Court of Appeals and the Federal Court of Claims. His other professional associations included the American Inn of Court No. 130 and the Idaho Trial Lawyers Association. Mr. Kluksdal was chosen as a Rising Star by Mountain States Superlawyers from 2008-2012, and as a SuperLawyer from 2015-2019. Mr. Kluksdal is very involved with his undergraduate Alma Mater, the College of Idaho, and has served on the College of Idaho National Alumni Board. He has in the past served on the Board of Directors for the Idaho Rush Soccer Club.

Mr. Kluksdal graduated magna cum laude from the University of Idaho, College of Law in 1997. During law school, he worked in the University’s Legal Aid Clinic, was a tutor for first-year law students, was a member of the Board of Student Advocates, and was President of Delta Theta Phi. Mr. Kluksdal received his undergraduate degree in History from the College of Idaho, cum laude with a minor in Sociology/Anthropology. He received his State of Idaho Secondary Teaching Certificate and was Captain of the Varsity Baseball team.

Mr. Kluksdal is happily married to another attorney, and together they do their best to keep up with three children. In an effort to win the battle of the bulge, he has played city league sports and participates in a variety of other outdoor activities. Mr. Kluksdal has coached youth baseball, basketball and soccer because he enjoys the challenge of herding cats.

Leave a Reply