Does Sympathy Play a Role in Your Wrongful Death Lawsuit in NY? Medical Malpractice Lawyer Explains

Gerald Michael Oginski

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Personal Injury Lawyer - Brooklyn, NY

Contributor Level 13

Posted almost 2 years ago. Applies to New York, 1 helpful vote


You suffered a bad injury because of someone's carelessness. Maybe it was a doctor who was negligent. Maybe it was a hospital. You might have walked into the hospital and now you came out paralyzed.

You have significant disabilities. Your life has changed. Your daily activities have changed. You can't do the things you normally did.

It's sad. It's frustrating for you. It's aggravating. It's upsetting.

Someone looking at you, who does not know you, would feel bad for you. Your injuries are clearly visible. Your disability cannot be hidden.

Can you use 'sympathy' to help win your New York Medical Malpractice lawsuit?

The short answer is "No."

In fact, the judge will tell the jury at the outset and even at the end of your case that they are not to let sympathy play a part in deciding your case. They are not to use sympathy to determine the amount and extent of your injuries, nor are they to use sympathy as a trigger to justify an award.

If you can't use sympathy in your favor, how do you get a jury to understand all the pain and suffering you've gone through...all because of someone else's carelessness?

Watch the video to learn more.

Additional Resources

Gerry's Personal Injury & Accident YouTube Channel

Gerry's Personal Injury & Accident Website

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