What is the difference between a jury award and an out-of-court settlement in a brain injury case?
In a brain injury case, the difference between a jury award and an out-of-court settlement is primarily one of process. A jury award is a financial compensation from a jury verdict in a civil court trial. The jury will assess damages, such as medical bills, lost wages, and pain and suffering, and then issue a judgment for the victim. This judgment is a financial award that the responsible party must pay. An out-of-court settlement, on the other hand, is a negotiated agreement in which the responsible party agrees to pay a certain amount of money to the victim without going to court. This agreement is typically sealed, and the details of the settlement are confidential. In either case, the money is meant to provide compensation to the victim for the harm they have suffered as a result of their brain injury. The primary difference between the two is that a jury award is the result of a civil trial and uses a public court process to determine the damages, while an out-of-court settlement is a private negotiation between the parties and does not involve a trial.
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