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What happens in a Personal Injury Case? When you have filed a personal injury case, which could be a medical malpractice case, accident case, or even a wrongful death case, your case will eventually go to trial when settlement negotiations have failed. Your trial can take several days or even months depending on the complexity of your case and the number of witnesses each side is bringing to the stand. After the trial is over, the judge will provide certain instructions to the jury about your case, and then the jury will be sent to a separate room to deliberate so they work on reaching a verdict. You will be eagerly waiting for the jury's return since you have already waited a long time to obtain compensation for your injuries. You may even inquire with your lawyer pertaining to how long can a jury deliberate over your case. Is there a Time Limit? The answer is: a jury can deliberate for as long as they want. There is not any law that sets a time limit or any restrictions on how long a jury can take to deliberate over a case. Like a baseball game, there is not any time clock. Therefore, you could receive a verdict within a few hours, or the jury might take several days, weeks, or even longer to deliberate over a case. When deliberations are extending passed the one day mark, the jurors are provided separate accommodations, and no one is allowed to interact with them except certain court officials who are in charge of taking care of their needs. Each day, the jurors will start their deliberations and continue deliberating throughout the day. At night, they will then retire and resume the next day if they have not reached a verdict. In reality, the jury has to go back and decide who is responsible for what happened to you. If they find that the defendant was responsible for carelessness or some wrongdoing, the deliberations are still not over. Next, they have to see if this wrongdoing or carelessness was the direct cause of your injuries. If the jury finds a causal link between the wrongdoing and your injuries, they will start deliberating over the extent of your injuries and the amount of compensation that should be awarded to you for the harms and losses that you have suffered. On top of this, they must consider your future and how long this suffering will continue because of your injuries. Jury Animosity Therefore, the jury has a lot to deliberate over germane to all categories that they must find a resolution to. Therefore, this chapter may be long. Deliberations can extend over several days, especially when there are disputes or infighting amongst the jurors, and they are not able to reach a consensus on a point or several points. There might come a point where there is an impasse and the jury is unable to proceed further. In such instances, the judge might remind the jurors of their obligations to society about reaching a decision and providing a verdict for the case. However, again, there is no fixed time, and the jury can deliberate for as long as they want. This is not like a basketball game, there is no 15 minute quarters.

Why do People Dread Jury Duty? You have jury duty scheduled but you are dreading to go and sit there for weeks and weeks, deliberating who is right and who is wrong in a medical malpractice case, in an accident case, or even a wrongful death case. You simply do not want to attend, and you have already fabricated in your mind a story that you are going to tell the attorneys during jury selection something you are hoping the prohibits you from being a part of the jury. Your Fears are Unfounded Here is something that will alleviate all of your fears. Did you know that after the trial is over, you, along with other members of the jury, will go to a separate room to deliberate? You are not going to decide who is right and who is wrong. You are going to decide, rather, who is more likely right than wrong. Additionally, you do not have to sit in the jury deliberation room for weeks on end, trying to find the perfect outcome and who is 100% right in this particular case. You are actually not meant to do that. Why, because, you are not held to that standard. This is wrong mindset to have. You do not have to be there for days and weeks, trying to figure out with one hundred percent certainty if what the injured victim is claiming is true. Instead, what do you have to do? You only have to determine that the injured victim has shown you that he is more likely right than wrong. Even if the injured victim tips the scales ever so slightly, you can go ahead and rule in his favor. This is what you have to do as a juror, and nothing more is expected of you. Hence, you do not have sit there for weeks on end, making one hundred percent certain that what the injured victim is claiming is true or what the other side is claiming to be true. Instead, you only have to conclude that what the victim is saying is more likely to be right rather than wrong. However, this does not mean you simply decide on a whim. You have been present through the whole trial and will know everything about this case. While deliberating, you will have see if the victim has managed to show that the defendant was responsible for negligence or wrongdoing, and this wrongdoing caused the injuries and/or loss of income. Once you have determined that, the next step is to calculate an adequate compensation amount for the victim, for which you will be given guidelines by the judge. Clear Differences Hence, your job as a juror is not that difficult and it is part of your civic duty as well, and there is no need to dread jury duty for a personal injury case. If it were a criminal case, then it is another story altogether since you will be held too much higher standards and will have to carefully sift through all the facts of the case and come to a conclusion beyond all reasonable doubt. This could be a monumental ordeal.

In a personal injury case that is settled during the course of a pretrial conference, is it required to put the settlement on the record, in open court. Do You need to Put Settlement on the Record? To answer if it is required, no it is not required. However, is it considered a best practice to do this? Yes, it is. Why is that? It is to make sure that the client understands that the case is over, once he agrees to settle it. It is to make sure the client is making this decision under his own volition and without any outside coercion. The settlement has to be put on record so that the client clearly understands and recognizes that this case is finished. How is it done? Here is an example. The lawyers are trying to settle a personal injury case during a pretrial conference, where the plaintiff or victim is present. The judge is also present on the bench, and a court reporter is taking down all the information. The victim will take the stand, and his lawyer will ask him a series of questions, which will typically be questions of this nature: Do you recognize that by settling this case you cannot come back and reopen it? Are you doing this settlement of your own free will? Has anyone coerced you or forced you to enter into this settlement agreement? Are you taking any medications today that might impair your ability to go ahead and settle this case today? The judge then will ask a series of questions to the plaintiff, and one of them will be: Are you satisfied by the legal representation by your attorney? Why is it done? The point of putting all this information about settlement on the record means the court reporter is recording all the questions, all the answers, and the idea is to get the plaintiff or victim to recognize and fully understand that this ends the case once and for all. The court, the defense attorney, and the victim and his lawyer will recognize that the case is over. Once this is done, nobody can come at a later time and try to reopen the case and start a ruckus about how they are unhappy with how this case was concluded. Therefore, putting a settlement on the record is not a legal requirement. However, it is prudent to rule out any misunderstanding or for the victim to be under some mistaken understanding. Once the victim has agreed to a settlement, it is important for him to know that he will no longer be able to pursue this case. An official settlement marks the end of the case, and the victim has to understand that the particular amount he has settled for is all that he is ever going to receive. Putting a settlement on the record could also reveal if there is anybody threatening the victim to settle, or if he is under some type of duress. The victim will declaring in open court under oath that he is accepting this settlement of his own free will and there was no one forcing him to open this door and walk through it.

When a judge says decision reserved, it means that now he has heard oral arguments from the two attorneys or sides on the different issues involved in the matter and rather than reach for an immediate decision, the judge reserves giving the decision at a later date. The judge does this because he is going to take time to do the research, to evaluate the issues, to learn what the positions are, and then come to an educated decision about which side is correct and which side is incorrect. Why does Judge Reserve Decision? The judge will have an assistant who is known as a law clerk or law secretary, who will help the judge fabricate a decision that establishes what the issues are, that discusses what the pertinent law is, and then offer a rational explanation about why one side is right and one side is wrong. Additionally, there is one more reason for the judge to flip the switch for a decision reserved. If the judge had given an immediate decision, without knowing all the other information there will be problems during the oral arguments. In such an instance, the judge will be siding with one party and the other party is going to be irate and have a reason to be irate. There will be lot of arguing, bitterness, and the losing party will want an explanation from the judge on different points and will also want the judge to reconsider his decision. The judge will want to avoid circumstances where he has to argue with the losing party and would want to give a reasonable educational response about the matter that justifies why he took the route that he chose. What happens after the Judge has Made a Decision? When the judge says decision reserved, and then makes a decision after his research, the copy of the decision is mailed to both attorneys who have time to evaluate the decision and talk to their clients about it. Hence, anytime in your personal injury case that you hear the judge say decision reserved, it means he needs time to come to a decision after conducting research and evaluating various aspects of the matter. The judge will come to a decision based upon the law, their opinion, and the arguments that were made by both sides. Therefore, decision reserved is used by judges when they need to study the different arguments by both lawyers in detail, research the legalities about the matter, consider the different options that are possible, and ultimately make a decision that is the most appropriate based on this case and this case’s implications. The judge will usually reserve the decision for complex issues which will require gathering more information on the situation so he or she can make an informed decision. Sometimes there may be many factors involved, and the judge might need time to consider all these factors relating to the case. Secondly, once the judge has said decision reserved, both the attorneys know that the matter is going to be considered in detail and therefore the ultimate decision made by the judge will not be made that day.

If you settle your case in open court, why does the judge want to know whether you are doing this under your own volition? Settling in Open Court When you settle your personal injury case in court, it means in open court where anybody can come and go, and you have put your settlement on the record. Furthermore, the judge and your attorney will be asking you questions about your actual settlement. One of the questions will be whether you are settling this case of your own free will. In other words, is someone forcing you to settle your case? Are you under any duress whatsoever? These questions are asked because the judge wants to know, and wants to make sure that nobody is forcing you to settle, and that you are doing it freely and voluntarily. This is a critical component of agreeing to settle in open court. Once You Settle, Your Case is Over The judge also wants the injured victims to realize that this is it, and once the case is settled they can never come back to court ever for this same case. This is critical for you to understand, since once you agree to a settlement, you cannot reopen this case for whatever reasons. Your case will be over and you can no longer argue about anything. However, if someone is forcing you settle your case it will have many repercussions. The judge will immediately disallow such a settlement, which means your case can still go on. Secondly, it is illegal to coerce somebody to settle, which means the judge might order an inquiry to find out whether you were indeed being coerced. This will not only lengthen your personal injury case but you might have to deal with a separate criminal case involving the person who has forced you to settle. Therefore, when you have filed a personal injury case, make sure your lawyer handles all the negotiations. You also need to be present while the negotiations are going on to keep track of what is happening. When you have suffered significant losses and injuries, your claim will be a sizeable amount. Notify Your Attorney If you have a strong case, the defense might first want you to settle for a lesser amount and when you refuse, there is a possibility of someone forcing you to settle since there is lot at stake. If you find yourself in such a situation, you should immediately tell your lawyer since he can advise you on various legal options to counter this threat. If someone forcing you to settle your personal injury case, then he or she can use different methods to coerce you. You might be physically threatened or you might be blackmailed. The defendant can resort to different tactics to intimidate you. If you feel that the defense is trying to force you into a settlement, you must immediately report the matter to your lawyer or the court.

The Procedure of Who Goes First and Last in a Personal Injury Case A lawsuit can be brought seeking compensation for the harms and losses that a person has suffered because of someone else's carelessness. It could be an accident, medical malpractice, or even a wrongful death case. The person who initiates the lawsuit has an obligation to prove the case to the jury. This means the plaintiff has to show that he or she is more likely right than wrong. Hence, the plaintiff bats first at the beginning of the trial. As the victim, you have to show to the jury that the person or company was wrong; they did something careless that caused you injuries and harm. The person who is sued then has an opportunity to rebut these arguments. At the very end of the trial, as both sides are getting close to making their closing remarks or closing arguments, also known as summations, the attorney who is defending the case is the one who is able make the closing arguments to the jury first. The reason this is done is that it allows the person, who is filing the lawsuit to have the last word literally. Therefore it is the defense attorney who is able to address the jury first during the closing remarks or the summation. He will have the opportunity to explain to the jury what he believes the facts of the case were, and what conclusions the jury should reach on behalf of the defense. After the defense lawyer has finished, your lawyer will have the opportunity to make his closing remarks. Why does the Plaintiff get to make the Final Remarks? The reason you go last is that you now have the last opportunity to explain to the jury why they should award a verdict in your favor and not on behalf of the defendant. While making closing remarks, your lawyer will have to discuss the facts of the case, the issues that were brought up, the evidence that was presented, and the relevant inferences that could be drawn. The defense lawyer on the other hand in his closing remarks can also discuss witness credibility. However, since your lawyer has the chance to give closing remarks after the defense lawyer, he can show the jury why the witnesses were credible and their testimonies should not be dismissed. What is not Allowed? One vital aspect about the closing remarks is that neither side can discuss the evidence that was not entered in the case or presented during the trial. If a piece of evidence was determined inadmissible or excluded, then such evidence cannot be mentioned during the closing arguments. This is logical since this evidence was not presented to the jury during the trial and it would be improper to include it during the closing remarks.

Who is a Runner? When we talk about a runner in personal injury cases, we are not talking about marathons and jogging. A runner is someone who facilitates signing up new personal injury cases, and this type of work or behavior is illegal in the State of New York. These runners, actually go to hospitals, and attempt to sign people up, who are being treated for their injuries. For instance, a runner will walk into a hospital room of a victim involved in a car accident, and hand him a business card of an attorney. The runner will sympathize and tell the victim that he knows about the accident, and that the victim should call this attorney if he wanted professional help to claim compensation. Now, suppose you are the victim, you do not know who this person is, and you did not ask for an attorney. What the runner did is called solicitation, and it is illegal in New York and not permitted. A Typical Scenario Here is a typical scenario involving a runner. An attorney refers a case to another lawyer, and this lawyer finds the injured victim sitting in the attorney's office along with another person. The personal injury lawyer immediately starts asking questions about the accident to the victim, and mentions to the victim that he will need to get copies of his medical records. The person accompanying the victim joins the conversation and says he already has the records, and that too the originals. The lawyer is shocked, as copies of medical records take time to acquire and nobody gives the originals. On questioning this person, the lawyer finds out that this person is working in the records department of the hospital and is involved in soliciting injured accident victims to take the services of personal injury attorneys. A runner could be somebody working in a hospital or someone who scours hospitals trying to find recent accident victims who are admitted for treatment. The runner tries to sell the services of a personal injury lawyer to accident victims in order to earn some kind of fees. This type of solicitation is illegal in New York, and a lawyer could get into serious trouble if it is later found out that a runner was instrumental in providing the case. If You are Approached by a Runner If you are in a hospital and you are recuperating from injuries suffered in an accident, or due to negligence of a doctor, there is a possibility that someone might approach you and give you an attorney's card. Even if you have seen the person in the hospital before, but have never asked for an attorney, you should know that this person is a runner. These runners will appear sympathetic and may show that they care about your condition, but their only objective is to sell you the services of an attorney. Therefore, you can either report runner to authorities or simply tear up the cards that they provide.

If the judge gives the wrong legal instructions to the jury at the end of your personal injury case, would it make a difference? The answer is yes, it would make a significant difference. The Wrong Legal Instructions can Lead to the Wrong Conclusion of the Jury Here is a typical scenario. You go to trial in either a medical malpractice, accident, or even a wrongful death case, and the trial is now over and the attorneys have made their closing remarks. Now the judge has to provide legal instructions to the jury on what the law is that they must apply to this case. What happens if the judge tells the jury instructions that are not accurate? Well, the jury will be relying on inaccurate information and they may come to the wrong conclusions. Such a Verdict can be Appealed When the judge gives wrong legal instructions to the jury, the defense or the plaintiff can appeal the decision given by the jury. In such instances, the case will be sent to a higher court for review. The Possibility of a Harmless Error Now, there is a possibility that if the judge gives the jury a wrong instruction, then this might be considered something known as a harmless error. In other words, if the higher court that reviews the verdict, determines that the judge gave them an instruction that really did not make a difference to the case, it is termed as harmless error and they will still allow the original verdict to stand. The Higher Court has Several Avenues to Choose From However, what if the judge gives wrong legal instructions to the jury that dramatically shifts the way the jury looks at the case? The jury's resolve can be drastically and sharply altered, had they been given the correct instructions. In such instances, the higher court that reviews the verdict can do a number of things: They can dismiss the case outright They can lower the verdict that has been awarded, which means lower the compensation amount They can increase the amount that has been awarded They can determine that the amount awarded was inappropriate, and send the entire case back to the original trial judge to retry the case all over again with a new jury The review court therefore has many different options, when the judge has given the jury incorrect instructions and such instructions has made a significant difference in the outcome. Hence, if you have filed a personal injury case, and at the end of the trial the judge gives wrong legal instructions to the jury, you or the defense will have the opportunity to appeal the verdict to a higher court. If the higher court determines it is not a harmless error, then they can then dismiss your case, send it for a retrial, or change the dollar amount that has been awarded to you.

Are there any repercussions if your attorney misses a deadline in your personal injury case? Does your attorney have to tell you about it? What happens if your attorney fails to show up for a conference in court that is related to your case? Every Attorney is Faced with Deadlines Lawyers in every type of cases are faced with deadlines. There are deadlines to provide certain documentation to the other side or to send papers in to the court for some work that were done before. There are deadlines to appear for conference where attorneys are required to show up. However, what happens though when your attorney misses a deadline? Does he have to tell you about it? The answer is yes. Your attorney should be telling you about it and everything that occurs in your case. What is the Best Practice? Your attorney cannot hide such information from you, and the best practice is to admit to the client whatever has happened. For instance, the lawyer can pick up the phone and tell you that there was a deadline to submit certain papers, he has missed that deadline, he is very sorry about it, and he is trying to get your case back on the right track. Your lawyer may be successful in rectifying the issue or he may not. But as an attorney, he has an obligation to tell you about everything that is happening in your case even if it is not favorable to him or paint him in the best light. No one is perfect, people make mistakes. No one wants to deal with someone who is lazy, dishonest, or is incompetent though. For instance, if there is a conference in court, all the attorneys concerned for that case are supposed to appear. What happens though if your attorney does not appear because he has made a mistake in his calendar? Well, this is a major blunder on the part of your attorney, as some judges will dismiss your whole case when the attorney fails to appear for a conference. Ameliorating the Situation Your attorney may not even realize his mistake for a few days or few weeks, and he may finally learn that your case was on the calendar, and because he did not appear your case was dismissed. Now, does he have an obligation to tell you about it? Yes, he definitely has to tell you about it because now your rights are significantly at risk. He will first have to apologize for his blunder, and then he will need to tell you what he is doing to remedy the situation. He will have to try to get your case put back on the trial calendar so that it can proceed further. Every case has deadline, every case has status conferences, and from time to time, an attorney will miss a deadline. However, it is the obligation of the attorney to notify the client about what happened and what he is going to do to steady that wavering ship. The worst situation would be that your attorney misses a deadline, does not notify you, and because of that you no longer have a case.

What is required at the End of a Personal Injury Trial? At the end of a personal injury trial, the judge will give the jury legal instructions. He will specify to the jury that they cannot deviate from these instructions, even if they do not agree with them. The jurors are finders of fact, and they will be determining who is right and who is wrong. The jury will then apply the facts that they have found, to the legal instructions that is given by the judge. Where does the Judge get the Instructions that he gives to the Jury? The presiding judge instructs the jury to consider what is admissible before delivering a verdict. There are two places where the judge sources these instructions. The first is Case Law or Common Law, which is the law that has been established over many years. The second place where the judge gets these instructions from is called the PJI or the Pattern Jury Instructions. A group of scholars across New York and practicing attorneys have united together to fashion the most important key instructions for each individual type of case, which have been put together in the PJI. If you ever navigated a ship or understand sea navigation, this is like the Rules of the Road. The judge is supposed to tell the legal instructions that fit the specific cases or which fall into specific patterns. Hence, the law will be different for a medical malpractice case or an accident case, or different from a wrongful death case. Before the judge actually begins to give instructions to the jury, he will have a conference with the attorneys, which is called a charge conference. During this conference, each of the attorneys will tell the judge what they believe the legal instructions should be. The judge will listen to legal arguments in his chambers in the presence of a court reporter, and each of the lawyers will present to the judge specific legal instructions that they believe should be given to the jury. The judge will then make rulings of law about which arguments he is going to apply, and which legal instructions he is going to apply. After the conference, the judge will go into the courtroom, make sure there are no disturbances, so that he can clearly explain to the jury all the legal instructions. The Process Explained It usually takes about an hour to explain all the particular instructions that the judge has decided to tell the jury. Once that is done, the jury will leave the courtroom and go into a separate room to begin deliberations. The jury will deliberate over whatever facts they have gathered during the trial and will arrive at a conclusion as to who is right and who is wrong. However, while doing this and while arriving at a decision, they will have to take into account the legal instructions that were given to them by the judge for this particular case. None of the jurors can ignore these instructions, and none of them can pass any verdict that is not in keeping or abiding by these instructions.

Once a personal injury lawsuit has started, you or your lawyer is obligated to provide the defense with a detailed itemized listing of exactly what your claims are and what injuries you have suffered. Additionally, your lawyer will have to itemize what your medical expenses are and something called special damages. How much are your lost earnings, how much have you spent on medicine, and how much was the hospital bill? You will have to provide the defense with all this information so that they have a firm understanding of what your claims are. This information is provided to the defense in a document called the Bill of Particulars. When do you have to provide the Bill of Particulars? When you begin a personal injury lawsuit in New York, you have to file two documents, Complaint and Summons, with the court. The Complaint is a general statement giving the basis for the lawsuit, and the Summons is sent to the defendant. After receiving these documents, the defendant will respond by sending you two documents, which are an Answer to Complaint and Demand for a Bill of Particulars. In the Answer to Complaint, the defendant will either deny the allegations, respond with a defense, or claim ignorance about the matter. How does a lawyer prepare the Bill of Particulars? Your lawyer will first gather all of your medical records that are on file. Once the personal injury lawsuit has been started, your attorney will have your medical records reviewed by a medical expert to ensure the validity of your allegations and claims. He will gather all the medical bills that you have been paying out of your pocket, as well as what your insurance has paid. Your lawyer will then inquire whether you have been attending your regular job, and if you have been absent from work due to your injuries he will gather the necessary information about your lost income and potential lost income as well. Putting all this information together, your lawyer will have to answer the detailed question that the defense gives to you, which is called the Demand for Bill of Particulars. Your lawyer will have to go through each and every question, every demand, and answer all of them correctly. He will have to identify what specific injuries you have suffered because of the wrongdoing. Importance of the Bill of Particulars There can be instances where the defense can turn around and accuse your lawyer about not answering their questions with enough specificity. Due to this, the defense will say they do not know what exactly your claims are, or what the exact amount of your medical bills is. Therefore, to make sure, no time is wasted, Demand for Bill of Particulars should be answered as thoroughly and precisely as possible. The answers can take any of these forms: Providing the required answer Inability to answer the question due to lack of sufficient information at the present time The question is objectionable

You are involved in an accident, where you slipped and fell, suffered a significant injury, and there were couple of witnesses at the scene who saw you fall. You want to claim compensation for your injuries by filing a personal injury lawsuit against the property owner. Typically, your lawyer will send an investigator to interview and talk to the witnesses. More importantly, your lawyer will want to obtain a signed statement from these witnesses. Signed Witness Statement This means, the witnesses will have to tell the investigator what exactly they saw, what they observed, and when they saw it. The investigator will get them to sign what information they have provided. Either the witness will write out a statement or the investigator will write it out for them and get them to sign it. This is important because we have now locked that person into their testimony. It allows the witnesses to capture the information about what they observed, during and shortly after the incident happened. When your personal injury lawsuit comes up for trial, which could be a year or two later after the incident, your lawyer will have to track down these witnesses and persuade them to come to court to testify. There is a decent chance that these witnesses may not remember what happened, and the witness statements can come very handy. How are these Statements Used in Court? Lawyers use witness statements in two ways. One is to refresh the witness's memory about what they remember about the incident. Secondly, these statements are also used, when the witness is testifying in court inconsistently for whatever reason by saying something that does not parallel the comments they made when giving their statement before. They may not remember or they are testifying about what they now think is the truth. This is when your lawyer will show them their signed witness statements. Your lawyer will tell them that two years ago, for instance, they had spoken to the investigator, and whatever they had told the investigator was written down and they had signed their statements, confirming what was told. The witnesses might come up with excuses as to why their testimonies have changed, but that will not matter when you have their signed statements. Therefore, having a sworn witness statement is crucial for your type of accident when there is a witness available. The statement will lock the witness into their memory, into their recollection, and once they have signed the statement confirming what they observed, they will not be able to retract from what they have said, at the time of trial. Substantiating Your Witnesses Even if the trial takes place a few years from the time of your accident, you can be confident about your witnesses' testimony, once you have their signed statements. If they have forgotten the details of what they saw, which is likely, when the trial is taking place after a long time has passed, your lawyer will simply jog their memory by reading out their statement in court. This will be the statement in which they signed and confirmed shortly after the incident.