How Do Judges Determine Compensation for Personal Injury Victims?
If your personal injury lawsuit never gets settled and makes it all the way the through trial, it’s up to the jury to determine how much you should get compensated. For that to happen, the jurors have to review the evidence presented in the trial and consider the implications and laws that apply to the case. Here’s how it works:
1. Reviewing evidence
First, the evidence is closely reviewed and jurors pay close attention to the evidence being presented throughout the trial. Although most courts do not allow jurors to take notes, when deliberations in the jury room begin, jurors will review the evidence very closely with each other. During this time, jurors will discuss the evidence presented in the case until they come to a mutual agreement on how they believe the accident happened (these discussions vary in time on a case by case basis).
2. Applying the law
Judges will always give juries lengthy instructions covering every aspect of the jury’s discussions in the jury room at some point during the trial. These instructions typically explain how the jurors should converse, what factors to take into consideration when analyzing the evidence and witness, and typically provides a detailed list of the laws applicable to the case. The judge usually instructs all jurors to stick to the laws at hand when making decisions and not get swayed away by emotions (any discussion or case assessments between jurors should always be conducted in an unemotional manner). The judge will always review jurors verdicts with the assumption that the jurors only applied the laws present in the case and that jurors were not swayed by human nature and will use their assessments to proceed with the trial.
3. Determining damage, pain, & suffering
Although it is easy for juries to review and calculate damage from medical bills or any type of bill related to an accident, the end number is not always easy to reach. In determining what would be a fair compensation for the plaintiff would be determinate on how big the injury actually is. The more evidence of medical treatment you have, the higher the compensation will likely be. Determining the exact amount of money that fairly represents your losses can be tough, but often times when left to the jury, they will arrive at a consensus among themselves and think about how much money they would want if they had the same injuries as the plaintiff. With that being said, leaving the final decision on compensation in the hands of the jury can either be really risky, or work in your favor.
If you have suffered a physical or psychological injury that was caused by negligence of another person, group of people, or any other entity of that matter, you need the help of a personal injury attorney to assess your case. At Giroux Pappas Trial Attorneys, our attorneys are highly specialized, aggressive, and passionate when it comes to solving personal injury cases and making sure your voice is heard. Contact us at 248-531-8665 for a free consultation.