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Do You Choose a Judge or a Jury Trial in a Personal Injury Case  

In the state of New York, when you file a personal injury lawsuit, you have the option of having your case heard by a judge or by a six-member jury. When the case is heard by a judge, and the judge renders the decision, it is called a bench trial. However, most injured victims in New York, prefer to have their case heard by a jury, and have the decision rendered by them.

Stark Differences

In a bench trial, you are presenting your case and all the evidence to one person. The judge will be making the rulings according to the law. The judge will first decide whether your case has enough merit to proceed with a trial. If the lawsuit is accepted, then the judge will ultimately decide after the trial, the amount of compensation that should be awarded to you. However, almost no personal injury cases in New York are tried by a judge alone. There is a strong preference for a jury trial, whether it is a personal injury case, wrongful death case, or medical malpractice case. This is because most lawyers believe that injured victims have a much better chance of justice when their case is heard by multiple members of a jury, who will hear the case and decide about compensation.   One cannot say for certain that injured victims will always have a better shot with a jury. However, most lawyers have their reasons for preferring a jury trial to a bench trial. Most people in the legal field think that judges hear these types of cases all the time, and hence they may be jaded, which would affect their decision. Therefore, most lawyers do not want such a person to make the decision about compensation, and would rather have several members of a jury who are not weary of such cases.

Explaining Your Case

Since victims in the state of New York want proper justice and adequate compensation for their injuries, they will always select their case to be heard by a jury of their peers. The jury will consist of six people of the community, who will be hearing the evidence, and will ultimately decide whether the plaintiff has proven his case. If they feel the victim has proven his case, then they will decide how much compensation should be awarded, depending on the level of injuries, and how those injuries have affected the life of the victim. Members of the community who form the jury will not be jaded, and they will have a fresh perspective to the case. They will be able to relate to the suffering of the victim in a much better way compared to a judge, and therefore will be able to arrive at a more reasonable compensation for the victim. Hence, opting for a jury trial in personal injury cases is much better, compared to a bench trial.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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