Does Judge Tell NY Jury How Much Money Your Case is Worth? Attorney Gerry Oginski Explains

Does Judge Tell NY Jury How Much Money Your Case is Worth? Attorney Gerry Oginski Explains
NY Medical Malpractice & Personal Injury Trial Lawyer

There are some jurors who believe that at the end of the trial involving medical malpractice, an accident case or even a wrongful death case, the judge will tell the jury how much he believes the injured victim or their surviving family is entitled to.

Nothing could be further from the truth.

In New York, in civil lawsuits where an injured victim or the surviving family is trying to obtain compensation for all the harms and losses they suffered because of someone else’s negligence, the judge is NEVER, EVER to voice his own opinion about who is more likely right than wrong.

The judge is never to voice his opinion about how much money he believes the injured victim should receive.

In a jury trial where members of the community are called upon to come to a consensus about who they believe and who they don’t believe, it is the jury’s function to make a decision about how much money an injured victim should receive.

In a non-jury trial, the judge is known as the factfinder as well as the person who makes rulings of law. In that situation, the judge would then decide whether the injured victim was entitled to be compensated, and if so, how much.

In a jury trial, the judge CANNOT and WILL NOT give the jury any guidelines about how much compensation they should be giving to the injured victim. Instead, both the plaintiff’s attorney and the defense attorney will likely give the jury some idea about what each believes the injured victim is entitled to.

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Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client:

Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering:

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪‬.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021



Author: Gerry Oginski

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