Your Car Accident Case Is Tried in 2 Parts
NY Trial Attorney Gerry Oginski Explains
NY Medical Malpractice & Personal Injury Trial Lawyer
Have you ever heard of the phrase “bifurcated trial?”
If you haven’t, it’s a fancy term meaning that the trial is split in half.
Now why would your car accident case be tried in two separate parts?
The simple answer is that after determining who is actually responsible for the accident, there is more of an incentive to try and settle the case once a jury has the term and who is legally responsible.
The common belief was that why should litigants have to try an entire trial lasting many days or weeks when half the trial could be done in the majority of cases will settle following that liability verdict.
It’s primarily a convenience issue. Convenience for the court and the litigants. If it turns out that the people you have sued are not legally responsible for your accident, then the jury never has to consider all of the injuries and damages you suffered. Then the court never has to continue the trial and spend days or weeks listening to testimony from both sides establishing all of your damages.
There are some limited instances in New York where an injured victim will have what’s known as a “unified trial.”
That simply means that your entire trial be tried as one case and heard at the same time.
However, the majority of these car accident crashes that go to trial we will typically try liability first, to determine who is legally responsible for the happening of your accident. If the jury determines that the defense is responsible, then your case will proceed forward with the second part of the trial to determine how much compensation you are to receive for the injuries and losses you have experienced.
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 car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.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