Who Awards You Money In Your Negligence Case? New York Accident Trial Lawyer Gerry Oginski Explains

Gerald Michael Oginski

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Personal Injury Lawyer - Brooklyn, NY

Contributor Level 12

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


Many people think the trial judge tells the jury how much they can award in a negligence, medical malpractice or wrongful death case in New York.

That thinking is totally wrong. Most injury and accident cases in New York involve jury trials. In that instance, the jury decides how much money to award as compensation for your pain and suffering, medical expenses and lost earnings.

In the rare instance where someone has chosen to have a judge trial (also known as a bench trial) then the judge will decide how much to award.

Importantly, in a jury trial, the judge does not ever give the jury his (or her) opinion of how much to award. Nor does he give the jury guidelines of how much to award.

Watch the video to learn more.

Additional Resources

Gerry's Medical Malpractice YouTube Channel

Gerry's Educational Medical Malpractice Website

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Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

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