Jury trials are stressful. Victims of medical malpractice will have to testify as to their injuries and what happened to them. In many cases they may even have to disclose some very private information and details about their injuries and healing. Family and friends may also be required to testify to explain what the victim was before and after the medical malpractice. This can result in embarrassment and stress for a victim.
Jury trials can also be unpredictable. Even the best cases may come back as a no cause, or a defense verdict. Complicated cases, which are many times medical malpractice cases, can result in misapprehensions by the jury of what is happening. They can get confused and end up not understanding why you should win.
Other times juries can also not understand the value of your case. Even though you have had very serious pain and suffering, with a lot of medical bills, some juries may think that giving you a tenth of what you ask for will be doing you a huge favor. They may even believe that you only need to be compensated for the medical bills to make you whole again.
This is simply not fair.
If this happens to you, however, you are not without options. As with all courts, decisions, and findings, there are checks and balances. One of the most important checks and balances is being able to appeal a decision you do not agree with. This includes a jury verdict which is below the reasonable compensation you deserve.
Under New York law, there is a reasonable compensation statute where you can appeal to a higher court and claim that you were not given the reasonable compensation for your injuries that other plaintiffs and victims have received for similar injuries. These allows the higher court to look at similar cases, jury verdicts, and damage awards and decide whether you were given a fair and just amount.
This allows a victim of medical malpractice to ensure that he or she gets a fair amount of compensation for his or her injuries and that a low jury award does not harm his or her case.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.