What does a jury know and how long are trials?

  • by lyong222
  • Jan 01,2018
  • 4 answers

Personal injury trial and the only question is how much the injured party should receive due to the accident and injury. What can the jury be told and not told, such as the amount of medical expenses, whether the person had any insurance (some articles say that a jury can be remotely sympathetic if they had no insurance since all was out of pocket unlike those who might have only a 20 percent co-pay such as someone with Medicare), the limits of the policy. How long does a trial last considering liability is not in dispute, the only witnesses would be the plaintiff and deposition from 1-2 doctors?


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Insurance Answers (4)

SumDude 6 months ago

When I last sat to possibly be on a jury, the judge outlined the schedule and gave an approximation of how long the trial and deliberations might last. idk about the legal side of disclosure or what can be / cannot be revealed.

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mbrcatz 6 months ago

The jury will know only what general knowledge they walk in with, and what the lawyers and judge tell them. Amount of medical bills will be disclosed. The amount of insurance may not be - since the insurance amount is IRRELEVANT to what the damages are worth.
While I have no idea who is being sued, I have to assume this is in relation to a car accident - and you'd sue the driver of the car, or the owner of the car. Regardless of how much the JURY decides you may get, the most the insurance will pay, is the policy limit.
So, let's say that the guy has $25,000 of coverage, and you have $20,000 of medical bills. Let's say your lawyer gets 40%. Let's say the jury decides to award you $100,000. Your lawyer gets the FIRST 40% - the entire $25,000 the insurance will pay out, plus $15,000 in IOU to the guy who caused the accident. The medical providers - INCLUDING the insurance that paid out, even if it's Medicare, is entitled to reimbursement up to their whole amount, next. The medical bills are STILL your responsibility, even though the guy owes you an IOU for them, and of course, any pain and suffering, will also be via an IOU.
So, if the reason you're suing is because the insurance won't pay out more than the policy limit, you'll be screwing yourself over MUCH worse, by getting a higher judgement. Only the lawyer will make out in this.

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curtisports2 6 months ago

There's no answer to this. Every case is unique.

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lucy 6 months ago

http://nashville.legalexaminer.com/misce...
https://ransin.com/personal-injury-law-a...
The problem is that so many people see movies and TV shows showing huge awards, that they think that going to trial is the answer. But the reality is, that jurors are prohibited to know certain facts, like (if) insurance is paying the award, nor (if) their medical bills were paid by (any) type of insurance, or if the plaintiff paid them themselves.
Think about it, if you was on a jury and knew that the award you decide is being paid by insurance vs the claimant, then the amount you would award could be “tainted” by knowing this fact. (Hey this is the insurance so they can pay whatever award you decide on).
Nor, will a jury know how much the insurance offered, or how much you want to settle for. Since the jury could decide to award more/less than the previous offers/counter offers, so, it is a crapshoot you get more or less.
I have attached 2 articles that explains the process and you can see that in many cases the benefit is to the insurance company, since the insurance has the funds to pay legal costs etc, whereas with your lawyer may not have the advantages since they are paying out of pocket that can be very costly.
The 2nd article is interesting since they have explained (why) most insurance companies prefer trials vs by a judge only.

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