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Car Accidents and Personal Injury Cases in Virginia
Frequently asked questions about jury service in a personal injury case.
Here's answers to questions jurors sometimes ask:1. Yes, 99.9% of the time the defendant is insured. The lawyer representing him is paid for by his insurance company.
2. No, in 99.9% of the time no one is looking to the defendant to pay anything out of his own pocket.
3. The plaintiff (the one suing) may have health insurance to pay the bills but more and more people don't have health insurance because of the economy. I most cases where their is a health benefit plan in place, if the plaintiff is awarded money he must repay the health benefit plan.
4. If the plaintiff called a doctor to testify it probably cost him, out of his own pocket, $5,000 tp $15,000. These are the fees many doctors are charging just to come to court (they are giving up a day or half a day out of the office or operating room.)
5. If the defendant calls a doctor to testify that doctor's fees were paid for by his insurance company.
6. In the vast majority of cases, the judge is not going to change the jury's verdict. Appeals are actually rare.
7. The plaintiff's lawyer is typically charging anywhere from 1/3 to 40% of the total the jury awards as his fee. If he loses the case, he doesn't get paid.
8. If there are two lawyers at the defendant's table, one of them may be from the plaintiff's own insurance company. He may be there because the plaintiff's own insurance company may be providing "underinsured" benefits in the case.
9. If the defendant "admitted liability" it may be because he had absolutely no defense and it also may be that he wanted to keep some serious bad facts away from the jury. If the defendant "admits liability" the jury might now hear about prior accidents, drinking, texting or other "bad facts."
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