Personal Injury Laws Objective: Discuss what damages are available to victims of torts Explain the various stages of a civil suit Bellwork: What are damages?

 This is our final day on Personal Injury.  We will have a review activity tomorrow in class then will take our test over Personal Injury on Friday/Monday.  Try something new… STUDY!

 If you knew ahead of time that someone planned to violate your personal rights the courts could issue and injunction.  An injunction is a court order to do or not do a particular act.

 Usually, the remedy for a tort is damages.  Damages are a monetary award to the injured party to compensate for loss.  The purpose is to put the person in the same financial position as if the tort had not occurred.  These damages are often referred to as compensatory damages.  Meant to compensate the victim for actual loss incurred.

 In many cases the loss may be difficult to measure.  For example, negligence which leads to someone’s death.  A dollar value of the injury must be set.  The value is usually set by a jury.

 When a judge decides to amount of damages it usually considers reimbursing the plaintiff:  Lost wages  Medical bills  Pain & Suffering

 Lawyers often will handle a civil lawsuit for a percentage of the recovery.  This is referred to as a contingency fee basis.  Common percentages are 25% if the case is settled before trial, 33% if the case must be won at trial, and 40% or more if the case is won on appeal.

 In some cases the jury may award additional damages referred to as punitive damages  Punitive damages are always available on intentional torts.  The damage amount is set at a figure that would punish the defendant, not just compensate the victim.

 Judges and juries play different roles in trials.

 Judges decide issues of law  Juries decide issues of fact  Both parties need to waive their right to a jury trial  When there is no jury the judge decides issues of both law and fact

 Civil juries are made up of 6 to 12 citizens.  The decision usually does not unanimous.

 After the jury has been selected, the attorneys make opening statements.  Brief outline what the plaintiff and the defendant will try to prove.  Next the evidence will be presented to the jury, first plaintiff then defendant.  Evidence may consist of written documents, records, charts, weapons, photographs, and other objects.

 Testimony is most the common form evidence.  Testimony consists of statements made by witnesses under oath.  A witness is someone who has personal knowledge of the facts.  Sometimes an expert witness (a witness who possesses superior knowledge about important facts) will give an opinion.

 A subpoena is a written order by the judge commanding a witness to appear in court to give testimony.  Willful failure to appear is contempt of court  The judge can punish persons guilty of contempt of court by jailing them without a trial.

 Following the presentation of the evidence the attorney for each side gives a closing argument.  During the closing arguments, each attorney summarizes the case, trying to persuade the judge (and the jury if there is one) to favor his or her side.  The judge then gives instructions to the jury.  These instructions tell the jury what rules of law apply to the case.  They also tell the jury what issues of fact they must decide.

 The jury then retires to the jury room for secret deliberation.  In deciding, each juror must determine whether a preponderance (a majority of at least 51%) of the evidence supports the plaintiff’s case.  In a civil action, a majority vote of the jurors is usually required to find for the plaintiff.  The jury’s decision is called the verdict.

 After the verdict has been returned the judge renders a judgement.  The judgement is the final result of the trial.  This is normally a sum of money if the plaintiff wins. If the defendant wins, the judgement will merely be “judgement for the defendant.”  If either party believes that a mistake was made, an appeal can be filed to a higher court.  Ex: Incorrect instructions to the jury, admission of evidence that should have been rejected, or exclusion of evidence that should have been admitted.