What is the difference between a jury award and an out-of-court settlement in a brain injury case?
The difference between a jury award and an out-of-court settlement in a brain injury case in New York depends upon a few factors. A jury award occurs when a jury hears the facts of the case and decides on an appropriate amount of compensation to be paid to the injured person. The jury’s decision is legally binding and the award is usually paid by the party found at fault. This can be a lengthy process and the defendant may appeal the jury’s decision. Alternatively, an out-of-court settlement is when both parties agree upon an appropriate amount of compensation to be paid to the injured party without the need to go to trial. In a brain injury case, a settlement is usually the preferred option and is typically faster to settle than a jury award. The defendant has the option to agree to a settlement in order to avoid the costs and uncertainty of a trial and avoid a more severe jury decision. In either case, the injured party has the right to be compensated for medical expenses, lost wages, and pain and suffering. An experienced brain injury lawyer can help ensure that you receive the amount of compensation that is fair and just for your injury.
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