Jury Asks for Calculator…Will Defense Now Settle? NY Medical Malpractice Attorney Gerry Oginski Explains
NY Medical Malpractice & Personal Injury Trial Lawyer
I have seen it happen.
During the course of jury deliberations, the jury sent a note out to the judge.
It read “Judge, we would like a calculator please.”
What do you think attorneys think of when a jury requests a calculator while they are deliberating in a car accident case or a medical malpractice case or a wrongful death lawsuit?
You can be pretty sure the jury is not using a calculator to determine who, if anyone is responsible.
It’s also unlikely that the jury needs a calculator to determine whether the wrongdoing was a cause of the injuries.
It is likely however that the jury needs a calculator to figure out how much compensation the injured victim is entitled to.
The jury might want to determine how much pain and suffering the injured victim is going to receive if they give X dollars per year for the next 30 years of their life.
When the jury requests a calculator, it usually has to do with some type of damages…
It might be pain and suffering.
It might be economic loss.
It might be lost wages.
The reality is that we don’t know exactly why the jury has requested a calculator. We can reach all sorts of conclusions and make assumptions, but the reality is we don’t truly know why they asked for it.
The likely assumption is that the jury is calculating damages.
If settlement discussions have not been fruitful up until that point, this might be an appropriate time for the defense to start negotiating.
On the other hand, the defense lawyers may make a “calculated” decision that the request for calculator is not to award a significant amount of damages, but rather to give only a percentage of a potential large jury verdict.
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.
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