Going to trial in a Buffalo personal injury lawsuit always involves some degree of risk. No matter how good you case and justified your claim for damages, the possibility always exists that a jury will not find in your favor. While there are some remedies that may be pursued by the victim if this happens, he or she now faces an uphill battle.
Generally, there are two avenues that may be pursued by a victim whose lawsuit has been deemed to have no basis by a jury. Rule 4404 of the New York Civil Practice Law and Rules provides that within fifteen days of an adverse decision, based on the motion of either party or on the court’s own initiative, the court may set aside a verdict or any judgment entered thereon. If the court decides to set aside a verdict, it may then either enter a judgment in favor of the other party – if it deems that party is entitled to judgment as a matter of law – or it may order a new trial.
It is very rare for court to disturb the finding of a jury, and they may only do so upon a finding that the verdict is contrary to the weight of the evidence, in the interest of justice or where the jury cannot agree after being kept together for as long as is deemed reasonable by the court.
The other avenue available following an adverse ruling is to appeal the decision to a higher court. Bear in mind, however, that even courts at the appellate level are generally averse to altering the decision of the jury in a personal injury lawsuit absent some glaring error.
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