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What Happens When the Jury is Deadlocked and is Unable to come to a Finality

For personal injury or accident cases in New York, there is a jury trial. The jury will usually have six members, and at least five members should unanimously agree to a decision to reach a verdict. Only when five members of the jury are agreeable to a decision, a judgment can be passed.

What happens when the jury is not able to decide?

Sometimes the members of the jury may not be able to decide, and come to an agreement about a verdict. In such instances, the defense will ask the judge to call it a mistrial, but the plaintiff’s lawyer will want the jury to reconsider and come to a verdict. In this situation, the judge will usually call the jurors into his chambers and give them certain instructions. This will usually be a pep talk, where the jurors are encouraged to go back, again deliberate, and come to a decision. The judge will say that it does not matter what the decision is, but a decision should be reached. They will be sent back to continue deliberations, and several hours might go by, as the jury is trying to reach a decision.

What is the course of action when the jury is deadlocked?

Even after hours of further deliberation, the jury might send a note to the judge saying they are deadlocked. This means, five jurors are unable to come to the same decision, which is required for the verdict. In such instances, the judge will call both the attorneys and ask them how they would like to proceed. The defense attorney will usually want to declare a mistrial, as that is advantageous for their case. The plaintiff’s lawyer will not want to declare a mistrial, unless there is something going on, which is highly prejudicial for his client. Only if the lawyer feels there is something prejudicial that could affect his client and the possible outcome, he may agree to a mistrial. In all other instances, the plaintiff’s lawyer, will recommend that the judge again talk to the jury, and encourage them to deliberate further and come to a decision. There are marvelous chances the judge might again instruct the jury to deliberate further, because the judge will not want a mistrial. However, even after repeated attempts, the jury is still deadlocked; the judge will have to declare it a mistrial.

The Effects of a Mistrial

If it were declared a mistrial, the entire course of the trial that has taken place would be a complete waste. It does not matter how long the trial has gone on, whether it is days, weeks, or months, the entire trial will be thrown out in a mistrial, and no judge would want that to happen. All the money and resources that have gone into the trial, of the court, and both the parties, would be a waste. Whatever was put in for trying this case is now for nothing. When a mistrial is declared, the whole case has to be tried again from the start, and a new jury will be selected.

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April Johnson
April Johnson
15:54 30 Jun 23
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Roberto Martinez
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Julio Ochoa
20:49 18 May 23
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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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