Jury Instruction

A jury instruction is the set of directions a judge reads to the jury before they begin deliberating, explaining the law that applies to the case and how to apply it to the evidence they heard. The instructions tell jurors what each side had to prove, the legal definitions of key terms, and the standards they must use to reach a verdict.

Origin

The practice traces to English common law, where judges historically guided lay jurors on the law while jurors decided the facts. Modern American courts use pattern jury instructions, standardized templates published by state judicial councils, that attorneys then modify and propose for the specific case.

Significance in Asbestos Context

In an asbestos case, the jury instructions can determine whether you win or lose, because they define the causation standard the jury must apply. For example, instructions may tell jurors to find a defendant liable if its asbestos product was a "substantial factor" in causing your disease, or they may use a stricter standard depending on the state. Instructions also explain how to handle multiple defendants, bankrupt companies, comparative fault, and how to calculate damages including pain and suffering, lost income, and (in some cases) punitive damages. Both sides typically submit proposed instructions, and the judge holds a "charge conference" to decide which ones the jury will hear, an often-overlooked stage where cases can be won or lost.

Example Sentence

Before deliberations began in her mesothelioma trial, the judge read the jury instructions explaining that the plaintiff only needed to prove the defendant's asbestos product was a substantial contributing factor to her disease, not the sole cause.

Related Terms

Substantial Factor Test, Causation, Verdict, Burden of Proof, Comparative Fault, Punitive Damages

Notes

• Ask your attorney which causation standard applies in your state (substantial factor, but-for, or another formulation). This single instruction often drives the outcome.
• If your case goes to trial, ask whether the jury will receive an instruction allowing them to consider exposures from bankrupt companies on the verdict form; this can significantly affect how damages are allocated.
• Request that your legal team explain the proposed instructions to you before the charge conference so you understand what the jury will be told about your disease, your exposure history, and the damages you can recover.
• Jury instructions become part of the trial record and are a common basis for appeals if either side believes the judge misstated the law.