Generally, in Florida personal injury lawsuits, the role of the judge is to rule on any objections made during the trial, determine evidence that will be admissible during trial, and instruct the jury on what law is relevant after both parties have rested. The judge is also responsible for hearing post-trial motions and any ruling on these.
In most cases, when the jury returns verdict in a personal injury case, the decision is always final. However, there are several exceptions. First, either party must be able to appeal the legal decision by the judge when the trial was on course. For example, if a party believes the court unfairly hid evidence from the jury, they may decide to appeal at a higher court.
A second example is when the trial judge concludes that the verdict given by the jury is against the weight of the evidence. Note that this is typically argued during a post-trial motion that didn’t prevail on the course of trial, in determining the case according to the evidence on ground that the jury was wrong. To achieve success in this kind of claim, you must show proof that the panel made its decision based on evidence that didn’t exist or wasn’t admitted. A recent case shows the court’s reluctance to override the jury’s verdict. Here are the facts of that case below:
The plaintiff suffered a slip-and-fall injury and brought a personal injury lawsuit against the defendant. During trial, conflicting evidence was brought forward regarding some elements of the prosecution’s claim. Ultimately, the jury’s decision favored the defendant.
In the post-trial motion, the victim insisted that the court reversed the jury’s verdict claiming that it wasn’t on the same scale as the evidence. Ultimately, the court granted the plaintiff’s appeal for a fresh trial. But the defendant appealed as well.
On appeal, it was ruled that the decision to give the plaintiff a fresh trial was out of line. It was reversed, and the final judgment was in the defendant’s favor. The court ruled that in the event that there is conflicting evidence at trial, a jury is free to reach a resolution in support of either party. It isn’t up to a judge to impose their personal judgment on which side should have prevailed in the initial trial.
Have You Suffered an Injury in a Florida Accident?
If you or your loved one has been injured in a Florida slip-and-fall incident, you are likely going to be entitled to monetary compensation following proceedings from a South Florida premises liability case. It is paramount that you consult a dedicated Personal Injury Attorney in Florida immediately about your case. The Personal Injury Attorney in Florida can get to work by investigating and preparing a case for you. The dedicated Personal Injury Attorney in Florida will have extensive experience in dealing with all types of personal injury cases. The attorney can help you understand your rights better and make the best decision regarding how to proceed.