If my case does go to trial, will the jury have all the facts?
Juries make the best decisions with the facts they have available, but they are typically not informed of certain realities, such as:
- the fact that a defendant being sued has insurance that will cover most or all of the plaintiff's damages; they won't pay the verdict amount out of their own pocket.
- the fact that the defendant's lawyer and legal expenses are paid for by the defendant's insurance company.
- the fact that medical experts called to the stand by the defendant's lawyer are also paid for by the defendant's insurance company (and that these experts almost exclusively testify on behalf of defendants and insurance companies).
- the fact that the amount actually awarded to the plaintiff is reduced by attorney fees, other legal expenses like fees paid to experts, and reimbursement of medical bills paid by private insurers or by public insurers like Medicaid or Medicare.
In short, the defendant is personally paying far less than juries think (usually nothing), and the injured person (plaintiff) is receiving far less than juries think.