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In negligence case or a medical malpractice case or even a car accident case, when a case
goes to trial now a jury is evaluating your case. Does the jury have to sit there for
days and days trying to make sure whether or not your case is 100% certain that what
you are saying is true? Would you like to learn the answer? Come join me as I share
with you this great information. Hi. I'm Gerry Oginski. I'm a New York medical malpractice
and personal injury trial attorney practicing law here in the state of New York. The answer
is no. The jury doesn't have to sit there for days and days trying to figure out with
100% certainty that what you're saying is true. Instead, they only have to understand
that you're more likely right than wrong. You only have to show us -- the injured victim
-- that you are more likely right than wrong and what you're saying is true. Now what does
that really mean? It means that when you're proving your case you only have to tip the
scales ever so slightly -- just a little bit more than 50% - to show that you are right
and what you are claiming is true. And once the jury believes that you have shown that
you are more likely right than wrong, they then go on to answer the next question which
is was the wrongdoing (was the carelessness) a substantial factor in causing and bringing
about your injuries? If the answer is yes, they will next go onto damages which is how
much money to award to you. Let's say, for your pain and suffering, for your economic
losses, as well as the non-economic losses known as past and future pain and suffering.
So one of the key questions that you always have to remember is that when an injured victim
comes into court and they're asking a jury to award them compensation for the harms and
the losses that they suffered because of somebody else's carelessness, what we have to show
is that we are more likely right than wrong. And that the jury does not have to sit there
for days on end making 100% sure that what we are claiming is true. Instead, the law
only requires that we show that we are more likely right than wrong -- just tipping the
scales ever so slightly. And by the way, that's a totally different requirement then, say
in a criminal case. In a criminal case, that burden is so different from what a prosecutor
has to prove. They have to show beyond a reasonable doubt, which is a much much higher burden.
Instead, we only have to show that we're more likely right than wrong. So why do I share
this great information with you? I share it with you just to give you an insight and an
understanding into what goes on in the litigation process in a case involving a medical malpractice
matter, a wrongful death matter or even a car accident matter. I realize you're watching
this video because you probably have questions of your own. Well if your matter happened
here in the state of New York and you do have legal questions, what I encourage you to do
is pick up the phone and call me. I can answer your legal questions. This is something that
I do every single day and I welcome your call. You can reach me at 516-487-8207 or by email
at Gerry@Oginski-law.com. Well that's it for today's quick video. I'm Gerry Oginski, have
a wonderful day!