Legal Question in Personal Injury in California
special verdict by jury in personal injury case
Do we have any recourse in a verdict where the defendants were found 100% negligent in a bicycle/auto collision and the bicycle rider was found 60% liable when the rider of the bicycle was in the bike lane and a car door opened in front of him causing permanant injury (non disputed) and the award was discounted 60% due to the jury finding the plaintiff liable for not avoiding an open door.
The rider of the bike was completely in his lane and the driver of the vehicle was found to have broken two vehicle codes ie: twenty four inches from the curb and not using caution when opening the door. The bike rider sustained multiple fractures and no doctors from the defense rebutted.
or where even called as witnesses. Is there anything we can do? What about a civil lawsuit?
4 Answers from Attorneys
Re: special verdict by jury in personal injury case
Thank you for your inquiry.
You mentioned a separate lawsuit in your question, but your heading suggests that you already have a jury verdict involving these parties. Your option here, then, is to appeal, and to get an appellate attorney to advise you of the (strict) guidelines to file an appeal and get that process started.
I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.
Re: special verdict by jury in personal injury case
if i am following your fact pattern accurately, it sounds like you have already reached a verdict in "a civil suit". thus, only an appeal would be applicable if there were some defect in the civil proceedings that was legal rather than factual in nature. california is a "comparative negligence" jursidiction which means that both plaintiff and defendant can be assigned a percentage of the overall negligence and any verdicts or settlements would reflect this amount, such as in your case. however,if you would like further legal assistance in this matter, feel free to email me directly with more specific facts regarding this case. thanks for your question.
Re: special verdict by jury in personal injury case
The attorney representing you will have to discuss this with you. You should call another attorney for a 2nd opinion. However, these verdicts are hard to overcome.
Re: special verdict by jury in personal injury case
You just HAD your civil lawsuit.
You can try for Motions notwithstanding the verdict where the judge can determine that the evidence does not support the verdict, or appeal. But, there would have to be almost no evidence to support the jury's determination, not likely.
Joel Selik
www.SelikLaw.com
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