Personal Injury and Medical Malpractice Verdict FAQs

A verdict is the decision made at the end of a trial. In a jury trial, jurors decide whether the defendant is liable and, if so, the amount of compensation that the defendant will be required to pay to the plaintiff.

High verdicts may address serious injuries, long-term or permanent disabilities, or evidence that points to significant wrongdoing by the defendant. Several factors can increase the amount of a verdict, including the severity of a victim's injuries, the extent of their financial losses, the non-economic damages (such as pain and suffering) that they have experienced, and whether a jury has chosen to award punitive damages.

Compensation (often called "damages") is meant to make up for the losses an injury victim has experienced. These damages may include:

• Economic Damages: A victim may be compensated for medical bills, rehabilitation, medications, assistive devices, home modifications, lost wages, diminished earning capacity, and out-of-pocket expenses.
• Non-Economic Damages: Compensation may address a victim's pain, suffering, emotional distress, loss of enjoyment of life, disfigurement, and other damages that cannot be quantified with a monetary figure.
• Punitive Damages: Juries may award these damages to punish the defendant and help prevent similar forms of intentional or reckless conduct.

They can be. Medical malpractice cases often involve technical proof, expert testimony, and questions about the medical standards of care. Some states have special rules, such as pre-suit screening or caps on non-economic damages. The categories of compensation are similar, but the path to proving liability can be more complex.

The timelines in personal injury cases can vary widely. Common stages of a lawsuit include investigation, filing, discovery (exchange of information), pretrial motions, and trial. Factors that may affect the schedule include the complexity of a person's medical issues, the need for accident reconstruction, the number of witnesses, court schedules and backlogs, and the availability of expert witnesses. Many cases settle before trial. A verdict may not be reached until many months or several years after the case was initially filed.

Jurors are instructed to consider evidence about the plaintiff's losses and to apply the legal standards given by the judge. They may review statements made by medical experts, economists, life-care planners, and family, friends, or coworkers who can describe the impact of the injury on the plaintiff.

Several things can occur:

• Post-Trial Motions: The losing side may ask the judge to reduce the award or order a new trial.
• Appeal: An appellate court may affirm, reverse, or send the case back for further proceedings.
• Collection: Payments may come from insurers, the defendant, or both. If payments are not made as required, collection tools such as liens or garnishment may be available.

Yes. A judge may reduce a verdict because the amount awarded is deemed excessive or because it exceeded statutory caps.

A cap limits the amount a plaintiff can receive for certain types of damages. For example, non-economic damages may be capped in some medical malpractice cases. Caps vary depending on state laws, and they may change over time when new laws are passed or based on court decisions.

Instead of a single lump-sum payment, the parties or the court may arrange periodic payments that will be made over time. These types of payments help ensure that a person's long-term medical needs will be met, or they may address other needs.

Insurance is often the source of payment in injury cases. Policy limits, coverage exclusions, and other issues can affect the amounts that may be available to a plaintiff.

These cases involve multiple people who may have been affected by a single issue or by the actions of a single defendant. For example, a class action or mass tort may address a situation where a product manufacturer has been accused of releasing a product that has injured a large number of people. In class actions, one or more representatives will pursue claims on behalf of a large number of people with common issues. In mass torts, cases are handled individually, but they are grouped together for efficiency since they may include similar issues and evidence.