New York Judge Tells Jury “Do Not Consider Sympathy”
Find Out Why He Would Do This…
NY Medical Malpractice & Personal Injury Trial Lawyer
In civil cases involving accidents, medical malpractice cases and even wrongful death matters, the trial judge will tell the jury “You are not to consider sympathy in your verdict.”
To a casual observer, this might seem harsh.
To a casual observer, this would seem unfair.
To a casual observer, this might seem unconscionable.
However, there is a clear reason why the judge says this and why really smart trial lawyers confirm this, both in jury selection and during closing arguments.
In cases where there are significant injuries as a result of someone else’s carelessness, anyone listening to the injuries and disabilities someone has suffered can be very emotional.
It can be very easy to sympathize with someone when they tell you how they are disabled and they are unable to accomplish life’s daily tasks as they used to be able to.
Where we are seeking compensation for the harms and losses an injured victim has suffered, it would be ideal to try and get the jury to feel for our clients in order to give him a verdict in our favor.
At the end of the trial, the judge is required to tell the jury, while instructing them on the law, that they are not to consider sympathy when deciding who is right and who is wrong.
The jury is not to consider sympathy when deciding how much compensation the injured victim is going to recover as part of their jury verdict.
In fact, I tell the jury during jury selection that we are not here seeking sympathy.
I let them know that my client has plenty of sympathy from their family and friends.
We don’t need more of that.
I again reinforce this fact during closing arguments and remind them that we are not here seeking their sympathy.
Instead, we are here seeking a verdict that fully compensates my client for all the harms and all the losses they have suffered because of the carelessness of the people that have been sued in this case.
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/pain-suffering-you-think-you-have-it-bad.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