she made a startling discovery that the verdictamount that the person, the injured victim, walks away with, is often not the amount thatthe jury decided they are entitled to receive. want to know what this is about? come join me for a moment as i share withyou some great information. hi, i'm gerry oginski, i'm a new york medicalmalpractice and personal injury attorney.
colorado mesothelioma lawyers, now, this was a medical malpractice trial. it had gone all the way to verdict. this case had been in litigation for almostthree years and now the jury gave my client a substantial amount of money, $1.55 million.
why is it then that she came to me afterwardswith a startling realization that says, "now i finally understand why people who get theselarge verdicts at trial often walk away with a fraction of what the jury decided they'reentitled to receive." here's the reality, after a jury comes backwith a large verdict there are a number of things that are going to happen immediately. the first thing is, the defense lawyer isgoing to ask the judge to throw out the verdict as being against the weight of the evidence. he's going to say, "judge, this verdict isimpossible, the evidence doesn't support this verdict."
now the trial judge will usually decide, "youknow what, i'm not going to make a snap decision now. if you want you can submit papers to me inthe coming weeks to explain exactly why you believe this verdict should be thrown out." now we have to get the trial transcript, theattorney has to provide case law to the judge, explaining in detail why he believes the verdictis not supported. likewise, we then have to oppose that, doingextensive legal research. whatever decision the judge comes to, whetherhe agrees with the defense lawyer or whether he disagrees and says, "you know what, i'mletting the jury verdict stand."
now the defense attorney goes ahead and appealsthat verdict. that can take an extra one to two years herein new york. now during that time nothing happens as faras you getting the amount of money that the jury said you're entitled to receive. you should also know that the court systemactually encourages the attorneys to try and settle the case during that one to two yearswhile they're waiting for the appeal to actually come to fruition. the appellate court, the higher court couldreview this matter and say, "you know what, this injured victim didn't get enough moneyand therefore we are increasing the verdict."
on the other hand they could turn around,say, "you know what, this is way too much compared to other similar cases. we're going to reduce that amount of moneythat she's going to get." on the other hand, they could turn aroundand say, "you know what, defense lawyer, you're absolutely right, this verdict is not supportedby the evidence. we're throwing the verdict out. you go start your trial all over again." the appellate court could turn around andsay, "you know what, we don't think this person is entitled to receive anything and becausethere were legal problems that occurred, we're
dismissing the entire case and the injuredvictim gets nothing." the realization from my client was, "now irealize that not every person who gets a significant verdict that's reported in the news, getsto walk home, gets to take home that amount of money." why do i share this great information withyou? i share it with you just to give you an insidelook at what really happens when a case goes all the way to verdict, and now a jury decidesthat the injured victim is entitled to receive millions and millions of dollars. i understand you're watching this video becauseyou have questions or concerns about your
own matter. well, if your matter did happen here in newyork and you're thinking about bringing a lawsuit, but haven't done so yet because youhave questions that need to be answered, what i invite you to do is pick up the phone andcall me. i can answer your questions. you know, this is something i do every singleday and i'd love to chat with you. you can reach me at 516-487-8207 or by emailat gerry@oginski-law.com. that's it for today's video. i'm gerry oginski, have a fantastic day.
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