What is a bifurcated trial in an insurance litigation case?

A bifurcated trial is a legal process used in some insurance litigation cases in California. It is a two-step process in which the issues of liability and damages are tried separately. In the first step, the court decides who is at fault for the accident or event that caused the loss. In the second step, the court decides what damages will be awarded to the person who suffered the loss. In a bifurcated trial, the jury is asked to decide on the liability issue first, before the jury hears the evidence regarding the damages. This allows the jury to focus solely on the issue of liability without being influenced by the amount of the damages. Once the jury decides the liability issue, the second phase of the trial begins and the jury hears evidence regarding the amount of damages suffered by the victim. After the jury hears the evidence, it will then decide what amount of compensation would be appropriate. Bifurcated trials offer unique advantages in certain insurance litigation cases. By separating the issues of liability and damages, both sides are able to present their cases more effectively and the court can better evaluate the evidence. Bifurcated trials also help minimize the risk of a jury awarding a significant sum of money in damages if it finds the plaintiff to be at least partially responsible for the accident or event in question.

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