Juror Asks If There’s Insurance Available; Brooklyn Accident Attorney Gerry Oginski Explains
NY Medical Malpractice & Personal Injury Trial Lawyer
This question comes up often during jury selection.
A juror wants to know if there is insurance available.
They want to know, in the event they reach a verdict and now make a decision to compensate my injured client.
The juror wants to know where the money is coming from.
The juror wants to know whether the money is coming out of the wrongdoer’s personal pocket.
The juror wants to know whether the money will be coming from someone’s insurance policy.
If the jurors are told that there is available insurance, you can immediately see the concern the defense attorneys would have if they knew this information.
There are some very educated and savvy jurors who recognize that in many different types of cases, there will be insurance available. However, even if someone makes the assumption that there is insurance available, there is a very specific way that we must respond to this question during jury selection.
It is critical that the jurors are told that we are NOT permitted to discuss whether there is or isn’t any available insurance.
There is a key reason for this…
The jury’s entire function is to decide this case based upon the evidence they hear in court. They are not to consider outside influences including whether there is or is not available insurance.
The jury’s function is to be the triers of fact. They are to determine whether we are more likely right than wrong.
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: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/juror-owns-stock-in-a-liability-insurance-casualty-company.cfm.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. 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