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  • $30.1 Million NYC - Medical Malpractice Case
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While the Jury Deliberates

What should you do when the jury is deliberating? You have filed a medical malpractice lawsuit, it has gone all the way to trial, and at the end, the jury has moved on to deliberate. What do you do in the mean time? The jury could deliberate the case for a few minutes or they could take many hours or longer, for them to reach a verdict.

During this time, you have to be in the courthouse or in close proximity to the court, since the jury could be out with the verdict at any time, and you will have to attend so you can listen to the verdict. Therefore, you have limited options as to what you can do when the jury is deliberating.

Idle Time

Typically, your lawyer will advise you to bring something to read or bring along some work to do. However, you may not be able to focus on reading or work, as your mind will always drift back to when the jury is going to come back, and deliver the verdict. You are always going to be preoccupied, as to when the verdict is going to be delivered. Therefore, nothing much you can really do while the jury is deliberating.

What do the Lawyers Do

The lawyers will also be in somewhat the same position, while the jury is deliberating. The attorneys might try to get some work done, or review what happened during the trial and get some reading done. There are various possibilities that can occur and the lawyers might estimate the most likely outcome, and may be hold last minute talks with the defense. A settlement is possible up to the time the jury enters the court and reads the verdict aloud. The defense attorney or attorneys will also be considering how the trial had gone and whether their case was strong enough or not so robust.

In many medical malpractice cases, it is usually difficult to predict how the jury has viewed the case and what verdict they are likely to give. Even if clear proof of the wrongdoing is presented, there are two other important things, the jury will have to consider. There should be a causal link between the wrongdoing and the injuries suffered by the victim, and these injuries should be significant or permanent to warrant some serious compensation.

When the wrongdoing and the causal link is established, it may still take the jury a long time to deliberate over the calculation of damages, and the amount of compensation that should be awarded to the victim. Therefore, there is no telling how long the jury will deliberate, and what are the points they may be considering to reach a verdict. For the plaintiff there is no other choice but to wait until the jury comes back.

A Frenzy of Activity at the End

The lawyers on the other hand might consider what has gone on during the trial and might hold last minute negotiations. There are possibilities of reaching a settlement in certain cases at the last minute, before the jury returns. As they old saying goes, it is not over until the fat lady is singing.

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