Supporters of ISSUE #1 say it gives you the right to waive a jury trial in a civil lawsuit. Opponents of Issue #1 say it takes away your right to a jury trial. Which side is correct?
Supporters of ISSUE #1 are technically correct when they say it “gives you the right” to waive a jury trial in a civil case. But opponents of ISSUE #1 are correct as to the practical effect being a loss of your right to jury trial. How can both things be true?
In most instances this will not play out as you and your attorney weighing the pluses and minuses of whether to wave a jury trial in your lawsuit. Instead, what we foresee is the possibility nursing homes and hospitals will add one more form you must sign for admission — a form requiring you to waive your right to a jury trial in a lawsuit and will requiring you to sign before they will provide services.
Have you been to an emergency room? What do they do before they treat you? They give you a bunch of papers to sign. And, you sign everything not because you want to but because you are in pain and you want them to treat you.
Under Issue #1, waiving your right to a jury trial could be just another form in the stack….. and you will sign because the hospitals or nursing homes have the upper hand and you need their help.
Your right to a jury trial in civil cases is a big deal.
Allowing hospitals and nursing homes the opportunity to force you to waive your right to a jury trial is a big deal.
Issue #1 and the waiver of your rights is a BAD deal.