What Is Voir Dire and How Does Jury Selection Work in a Personal Injury Trial?

Voir dire (pronounced "vwahr deer") is the jury selection process that opens a personal injury trial. The judge and attorneys question potential jurors to identify biases that could prevent a fair verdict. If you're wondering what is voir dire and how it affects your case, the short answer is: it's the step that determines who decides your fate. In New York civil cases, six jurors are selected plus alternates. Attorneys can remove jurors for cause or by using peremptory challenges.

If you have a personal injury case heading toward trial, voir dire is the first thing that happens in the courtroom. And it can quietly shape everything that follows. The phrase comes from Anglo-Norman French and means roughly "to speak the truth." The goal is simple to state and hard to achieve. You want to seat a jury that will decide your case on the evidence alone, without preconceived opinions about lawsuits, injuries, or money.

In New York, a civil jury is made up of six jurors, plus one or more alternates, under CPLR § 4104 and CPLR § 4106. Getting to those six people is a structured process governed by the Uniform Rules for Trial Courts (22 NYCRR § 202.33). This article walks through how that process works, what attorneys look for, and why it matters to the outcome of your case. The Orlow Firm has tried personal injury cases in New York City courts for more than 40 years. Jury selection is one of the most important parts of any trial.

Why Voir Dire Matters in a Personal Injury Case

A jury in a personal injury case decides two things: liability (who was at fault) and damages (how much the injured person should receive). Both questions turn on the attitudes and life experiences of six ordinary people. That is why jury selection is not a formality. It is the only chance either side gets to learn how prospective jurors think before they start hearing evidence.

The risk is not just that a juror disagrees with you. A single juror who quietly believes that injury lawsuits are usually exaggerated can pull an entire panel toward a defense verdict, or push an award far lower than the evidence supports. Voir dire exists to surface those hidden attitudes before that person is ever seated.

Some of the attitudes attorneys watch for include skepticism that injuries are as serious as claimed, a general belief in "lawsuit abuse," discomfort with awarding money for pain and suffering, and personal or professional ties to insurance companies or defense work. None of these make someone a bad person. They simply mean that person may not be able to weigh your case fairly, and the law allows both sides to address that.

New York's diversity makes this especially important. Jurors are drawn from every neighborhood and every walk of life, and they bring very different feelings about the legal system to the courthouse. Consider a prospective juror who works in insurance claims and spends every workday evaluating whether claims are legitimate. That person may carry an unconscious bias against plaintiffs. Voir dire is the moment that bias can come to light and the juror can be removed.

The two sides approach selection with opposite goals. A plaintiff's attorney generally looks for jurors who believe in accountability and in fair compensation when someone is genuinely hurt. A defense attorney generally looks for jurors who are cautious about large awards. Neither side is trying to "stack" the jury, which is not allowed. Each side is simply trying to identify and remove the jurors most likely to be unfair to its client.

How Jury Selection Works in New York: Step by Step

Jury selection follows a recognizable sequence. Here is how voir dire typically unfolds in a New York personal injury trial.

1. The jury pool is summoned. Prospective jurors are selected at random from public lists such as voter registration rolls and Department of Motor Vehicles records, as required by Judiciary Law § 506. The court sends jury summonses to a large group of community members, far more than will ultimately serve.

2. A panel is formed. In the "struck method" commonly used in New York City courts, an initial panel of prospective jurors, often around 25 people, is seated at random in the courtroom or in a jury empaneling room. This panel is the group from which the final jury will be chosen.

3. The judge opens voir dire. Under 22 NYCRR § 202.33, the trial judge presides over the start of jury selection. The judge usually explains the type of case and gives a sense of how long the trial should last. The prospective jurors then take an oath to answer questions honestly.

4. Jurors complete background questionnaires. Before in-person questioning begins, prospective jurors typically fill out court-approved forms covering basic background information and potential conflicts, which helps both sides focus their questions.

5. Attorneys question the panel. This is the heart of voir dire in New York. In state court, the attorneys conduct most of the questioning, not the judge. Both sides take turns asking prospective jurors about their backgrounds, prior experiences with accidents and lawsuits, attitudes about injury claims, and anything else relevant to the case.

6. Challenges are exercised. As questioning reveals concerns, attorneys remove jurors in one of two ways. A challenge for cause asks the court to excuse a juror who cannot be fair. An example would be a juror with a clear bias or a relationship to one of the parties. A peremptory challenge lets an attorney remove a juror without giving a reason, subject to important limits discussed below.

7. The jury is finalized. Once enough acceptable jurors remain, six are seated as the jury under CPLR § 4104, along with one or more alternates under CPLR § 4106. In longer or more complex cases, the court may seat additional alternates in case a juror has to be excused mid-trial.

How long all of this takes varies. A straightforward case may finish jury selection in a single day. A complex personal injury case can take much longer. Cases involving serious injuries, multiple defendants, or hotly disputed liability give both sides more to explore in each juror's attitudes.

What Questions Are Asked During Voir Dire?

Voir dire questions fall into a handful of categories. Some confirm a juror is legally qualified to serve; others probe for attitudes that could affect the verdict.

• Basic qualifications. Whether the juror meets the requirements to serve, such as being a U.S. citizen, a resident of the county, at least 18 years old, and able to understand and communicate in English.
• Background. Occupation, education, family, and whether the juror or close relatives work in fields like law, insurance, or healthcare.
• Prior lawsuit or accident experience. Whether the juror has ever filed or been named in a lawsuit, served on a jury before, or been in a serious accident.
• Attitudes toward lawsuits. Whether the juror thinks there are too many personal injury lawsuits, or believes injured people deserve fair compensation.
• Attitudes toward damages. Whether the juror could award money for pain and suffering if the evidence supports it, or whether there is an amount they simply could never award no matter what.
• Ability to be fair. Whether the juror can set aside personal experiences and decide the case based only on the evidence and the judge's instructions.
• Case-specific concerns. Whether the juror knows any party, attorney, or witness, or has personal experience with the type of injury or accident at issue.

In practice, the questions sound conversational rather than clinical. A few illustrative examples:

"Have you or anyone close to you been seriously injured in an accident?"

"Do you believe people sometimes exaggerate injuries to get money?"

"If the evidence showed someone was entitled to a large amount of money, could you award it?"

"Do you work for, or have close ties to, an insurance company?"

The answers tell each attorney whether that person is likely to give their client a fair hearing. So does the way a juror answers.

Who Conducts Voir Dire in New York?

This is one of the most important differences between New York state court and federal court, and it is something many general explanations get wrong.

In New York state courts, where the vast majority of personal injury cases are tried, voir dire is largely attorney-conducted. The trial judge opens the proceeding and may supervise it, but the attorneys for each side do most of the questioning, as contemplated by 22 NYCRR § 202.33. That gives experienced trial counsel real influence over how the panel is explored.

In federal courts, including the Eastern District of New York and the Southern District of New York, voir dire is typically judge-led. The judge asks most of the questions, and the attorneys play a more limited role.

This distinction matters because the attorney-led approach in state court tends to draw out more candid responses about bias and attitudes than brief judicial questioning does. To keep things moving, judges set overall time limits on voir dire, so attorneys have to use their time efficiently and ask the questions that count.

Can You Be Excused From Jury Duty During Voir Dire?

Yes. A prospective juror can be excused from a particular case in a few different ways during voir dire.

The two main mechanisms are the ones already described. A juror may be removed by a challenge for cause, when the attorney or judge identifies a reason the juror cannot be fair. A juror may also be removed by a peremptory challenge, when an attorney chooses to remove the juror without stating a reason. A clear bias or prior knowledge of the case is a common basis for removal for cause.

Separately, prospective jurors can raise hardship with the court. Courts will consider excusing jurors for reasons such as a serious medical condition (documentation may be required), serious financial hardship, childcare obligations, or work that cannot be missed. These requests are decided by the court, not the attorneys.

The most useful thing to know if you are called for jury service is that honesty is always the right approach. Voir dire is built around candid answers, and trying to manufacture a reason to be excused tends to create more problems than it solves. Being removed by a peremptory challenge is not a judgment about you as a person. Attorneys use those challenges based on the needs of their case, not as criticism of the jurors they excuse.

Challenges for Cause vs. Peremptory Challenges

Because challenges are how jurors actually get removed, it helps to understand the two types side by side.

A challenge for cause is unlimited in number, but it requires a reason. The attorney has to show the court that the juror cannot be fair. That might be a fixed bias, a relationship to one of the parties, or an inability to follow the law as the judge explains it. If the judge agrees, the juror is excused.

A peremptory challenge is limited in number but requires no stated reason. Under CPLR § 4109, each side generally gets three peremptory challenges, plus one additional challenge for every two alternate jurors to be seated, and the court has discretion to allow more. Peremptory challenges let an attorney act on instinct and experience when a juror seems wrong for the case even if there is no provable bias.

There is one firm limit on peremptory challenges. They cannot be used to exclude jurors because of race or gender. In Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court held that striking jurors based on race violates the Constitution, and later decisions extended that protection to gender. If one side suspects the other is using peremptory challenges in a discriminatory way, it can raise a "Batson challenge," and the striking attorney must offer a legitimate, non-discriminatory explanation.

What to watch: New York legislators have proposed expanding these protections. A pending bill (New York Senate Bill 2025-S2491) would broaden the categories shielded from peremptory strikes to include religion, age, disability, and sexual orientation, in addition to race and gender. As of mid-2026 this is proposed legislation, not current law, but it reflects a clear direction in how courts treat jury selection.

Why Voir Dire Matters for Your Personal Injury Case

It is easy to think of jury selection as procedural housekeeping that happens before the "real" trial begins. It is not. The composition of the jury can determine whether an injured person wins or loses, and how much they recover.

In a city as varied as New York, jurors bring vastly different life experiences into the courtroom. Someone who has been sued tends to view injury claims differently than someone who has been seriously hurt. Someone who works in claims adjusting sees them differently than someone who has watched a family member struggle to recover from an accident. Voir dire is the tool that surfaces those differences before they harden into a verdict.

This is why experienced trial counsel matters from the very first day of a case, not just at the negotiating table. Attorneys who rush through voir dire, or treat it as overhead to get past, put their clients at a disadvantage. Reading a panel, asking the right follow-up questions, and using a limited number of challenges wisely is a skill built over years of trying cases. The Orlow Firm's attorneys have handled personal injury trials in New York City for more than 40 years, and that courtroom experience starts paying off the moment jury selection begins.

To be clear, no attorney can guarantee a favorable jury or hand-pick people who will rule a certain way. The rules forbid it, and outcomes are never certain. What skilled trial counsel can do is use voir dire to improve the odds that the jury hearing your case is genuinely fair.

Frequently Asked Questions

How is "voir dire" pronounced, and what does it mean?

It is pronounced "vwahr deer." The phrase comes from Anglo-Norman French and is generally translated as "to speak the truth." In practice, it refers to the jury selection process. During that process, prospective jurors are questioned under oath to determine whether they can serve fairly.

How many jurors are selected in a New York personal injury case?

Six. Under CPLR § 4104, a civil jury in New York consists of six jurors. The court also seats one or more alternate jurors under CPLR § 4106 so the trial can continue if a regular juror has to be excused.

How long does jury selection take in NYC?

It depends on the case. A simple personal injury case may finish jury selection in about a day. A complex case involving serious injuries, multiple parties, or disputed liability can take longer, because both sides need more time to question prospective jurors thoroughly.

What happens if a juror has already heard about the case?

Prior knowledge of the case can be grounds for removal for cause. During voir dire, jurors are asked whether they know anything about the case or the people involved. If a juror has formed an opinion that would prevent a fair verdict, the judge can excuse that juror once the issue comes to light.

Can attorneys remove jurors for any reason at all?

No. Attorneys can remove jurors for cause when there is a demonstrated reason a juror cannot be fair, and they have a limited number of peremptory challenges they can use without explanation. But under Batson v. Kentucky, peremptory challenges may not be used to exclude jurors based on race or gender.

Is voir dire the same in federal court?

No. In New York state court, attorneys conduct most of the questioning. In federal court, including the Eastern and Southern Districts of New York, the judge usually leads voir dire and attorney questioning is more limited. Most personal injury cases are tried in state court.

This article provides general information about jury selection in New York and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.

Sources & Official Resources

New York Laws Cited

1. CPLR § 4104 — Civil Jury Composition (Six Jurors)
2. CPLR § 4106 — Alternate Jurors
3. CPLR § 4109 — Peremptory Challenges
4. Judiciary Law § 506 — Juror Selection Sources (Voter Rolls, DMV, and Other Lists)

Court Rules

5. 22 NYCRR § 202.33 — Conduct of the Voir Dire (Uniform Civil Rules, Supreme Court and County Court)

Federal Case Law

6. Batson v. Kentucky — Facts and Case Summary (U.S. Courts)

Pending Legislation

7. NY Senate Bill 2025-S2491 — Expanding Peremptory Challenge Protections

Contact The Orlow Firm

If you have been injured in New York City and your case is heading toward trial, understanding voir dire is just one piece of the picture. Having attorneys who know how to read a jury panel, ask the right questions during selection, and argue your case persuasively once the trial begins can make a real difference in the outcome.

The Orlow Firm has helped injured people throughout Queens and New York City for more than 40 years, in both state and federal court.

Call (646) 647-3398 for a free consultation. We work on contingency — you pay nothing unless we win. We can also come to you if you are unable to come to us.

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