Legal Question in Personal Injury in New York

Re: personal injury lawsuit

The six person jury determines which version of the facts they believe, Plaintiff's or Defendant's. Before the jury begins deliberating, the Judge determines which law will apply and reads the jury a "charge" explaining the laws they are to follow.

The jury in a personal injury case will then be given a "Verdict Sheet" which will require them to make several determinations. The jury will first determine whether the defendant was negligent. If the answer to this question is "yes", the jury will then decide whether the defendant's negligence was a substantial factor in causing the accident. If either of these questions is answered in the negative, the jury has rendered a defense verdict.

If the jury finds that the defendant was negligent and a substantial factor in causing the accident, the jury will next determines whether Plaintiff was negligent and whether Plaintiff's negligence was a substantial factor in causing the accident.

If both Plaintiff and Defendant are found to be negligent and their combined negligence a substantial factor in causing the accident, the jury will apportion fault between the parties (e.g 50/50, 75/25, 90/10 etc.)

Finally the jury will be asked to determine whether Plaintiff sustained damages and, if so, they must calculate an amount. Damages include pain and suffering, lost wages, medical bills, property damage and other out of pocket expenses. The damage amount is divided by the fault percentages and that becomes the jury's verdict.