When does the plaintiff have the option of picking a jury or bench trial in a personal injury case?

when the plaintiff files the note of issue or notice of trial, it has the option of simultaneously filing a jury demand or seeking a bench trial. if plaintiff does not request a jury, the defendant can exercise the right to a jury.

Respectfully supplementing the previous answer, if your case is commenced in a Federal Court located in New York, or is transferred there from State Court, then the time within which the plaintiff has to request a jury is very short, and actually must be done well before papers are filed indicating that the case is trial ready.

In Connecticut you have 10 days from the date on which the issues have been joined ie., the pleadings are closed, to file a claim for jury trial.

Under the Constitution, in a personal injury action, each party is entitled to a trial by jury. Generally, the plaintiff requests the jury by filing a note of issue. But, the defendant is entitled to do the same. To be honest, it is generally felt that juries are more willing to give more money to a person injured then a judge would. Also, it is felt that a jury is more willing to find for a plaintiff then a judge will. In short, it is generally felt that jurors are more easily persuaded than judges.