You have Just Gained A Big Medical Malpractice Jury Your Verdict - What Happens Next?

You've won a huge verdict in your medical malpractice case. Do you believe the physician or hospital writes you a check for that amount of money right then and there? If you do, you are incorrect. It will be fine if that were the case, however, the stark reality is that it doesn't occur.

Well, what happens after you receive verdict?

In NY here's the sequence of events:

(1) The defense lawyer will request to 'poll the jury'. This implies that every juror is questioned if that's their verdict. This is done to ensure there isn't any mistake between what was written back on the jury verdict sheet and what the juror's motive was.

(2) After the jury is polled, the judge will thank them for their jury duty and release them on their civic responsibilities and they will leave the court.

(3) Then, the defense attorney will ask the court to get rid of the verdict declaring the verdict isn't supported by the evidence. Instead, the defense lawyer will ask the judge for time to file papers asking to throw out verdict. Once the request is made on papers it gives the attorney time to really get the trial transcript and to support their request with actual testimony given in the case.

(4) There's actually a Latin term that attorneys use called "Judgment non-obstanto verdicto," or "JNOV," which suggests that the judgment isn't supported by the signs.

(5) Here are the various alternatives that could happen using a 'posttrial motion':

The judge may decide that she did not want to restrict the jury's choice and leave the verdict as it was;

The judge may decide the verdict was not supported by the weight of the credible evidence and throw out the whole verdict;

The judge may decide that the award was excessive and reduce part or all of the award.

If the judge leaves the jury's choice only, the defense will undoubtedly appeal.

If the judge lowers the jury's selection, the defense will likely appeal, claiming that the judge failed to reduce it enough.

In case the judge throws out the verdict, your attorney will likely want to appeal that decision.

Let us suppose the trial judge didn't disturb the jury's decision, and now your case is appealed.

The appeals court can agree not to transform the jury's verdict;

They can lower your award;

They are able to increase your award should they believe the sum was inadequate;

They're able to throw out your award and dismiss your case;

They're able to throw-out your award and direct that you have a new demo and start all over again.

Let us assume the trial judge reduced your jury award and now both you as well as the defense appeal that action.

The appeals court can reverse the judge and increase the award to what the jury decided;

The appeals court can agree with the trial judge;

The appeals court can decide to lessen the honour even further;

They're able to get rid of your award and dismiss your case;

They're able to throw-out your award and direct that you are in possession of a new trial and start all over again.

If your case is sent back to the trial judge for a fresh trial, you literally need to start over from scratch and retry your whole case. In the event that you're on trial for weeks, get prepared to spend a couple more weeks going through an identical trial, except this time with a new jury. If you receive another large award, be prepared to go through the exact same process of post trial motions and appeals yet again. That also means that the attorney will need to cover the trial costs all over again. This could develop into an extremely expensive proposition.

Gaining a big verdict is simply the very beginning step toward getting you compensated in your quest for justice. Optimistically this article has opened your eyes to what is involved following your win at trial learn more.