You've won a large verdict in your medical malpractice case. Do you believe the doctor or hospital writes you a check for this amount of money right then and there? Should you choose, you are incorrect. It would really be fine if that were the case, however the stark reality is that it really generally does not occur.
(1) The defense attorney will request to 'poll the jury'. What this means is that each juror is asked if that is their verdict. This is accomplished to ensure there is no misunderstanding between what was written back to the jury verdict sheet and what the juror's purpose 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'll leave the courtroom.
(3) Then, the defense attorney will ask the court to throw-out the verdict declaring the verdict is not supported by the evidence. Instead, the defense lawyer will request the judge for time to file papers asking to throw out verdict. If the request is created on papers it provides the attorney time to get the trial transcript and to support their request with actual testimony given in the case.
(4) There is a Latin term that attorneys use called "Judgment non-obstanto verdicto," or "JNOV," meaning the judgment isn't supported by the signs.
(5) Here are the various alternatives that'll occur using a 'post-trial motion':
The judge may decide that she did not need to interfere with the jury's decision and leave the verdict as it was;
The judge might decide that the verdict was not supported by the weight of the credible evidence and throw-out the entire verdict;
The judge may determine that the award was excessive and reduce part or all the award.
In the event the judge leaves the jury's decision alone, the defense will definitely appeal.
When the judge reduces the jury's choice, the defense will probably appeal, claiming the judge didn't reduce it enough.
When the judge throws out the verdict, your attorney will probably need to appeal that decision.
Let's suppose the trial judge did not disturb the jury's conclusion, and now your case is appealed.
The appeals court can agree not to transform the jury's verdict;
They could reduce your award;
They're able to raise your award if they consider the sum was insufficient;
They're able to get rid of your award and dismiss your case;
They are able to throw-out your award and direct that you are in possession of a new demo and start all over again.
Let's suppose the trial judge reduced your jury award now both you and the defense appeal that measures.
The appeals court can reverse the judge and raise the award to what the jury decided;
The appeals court can agree together with the trial judge;
The appeals court can determine to decrease the award even further;
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 trial and start all over again.
In the event your case is sent back to the trial judge to get a fresh trial, you literally must start over from scratch and re-try your whole case. In the event that you were on trial for weeks, get ready to spend a few more weeks going through precisely the same trial, except now with a new jury. If you get another large award, be willing to undergo precisely the same process of post trial motions and appeals all over again. That also means that the attorney will need to cover the test expenses yet again. This could change into an extremely expensive proposition.
Gaining a big verdict is just step one toward getting you compensated in your pursuit of justice. Optimistically this article has opened your eyes from what is involved following your triumph at trial Visit Website.
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