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The defense admits wrongdoing and that the wrongdoing caused injury. The problem is that they don't admit how much your case is worth. What happens next?

There are times when it is obvious to all litigants "Who?" caused the accident.

There are times when it is obvious that the accident caused an injury. What may not be so obvious is what the value is of the injuries you suffered because of the wrongdoing.

When litigants recognize that they have no choice but to admit responsibility for the accident the attorneys may come to a decision and agree that they are responsible for the accident and the fact that they cause some type of injury. That's known as conceding that liability and causation.

In a lawsuit in New York, an injured victim must show to a jury that there was wrongdoing, the wrongdoing caused injury and that the injury is significant and/or permanent. Legally, that is known as proving liability, causation and damages.

When the attorneys eliminate the first two elements, liability and causation, then the only remaining issue to be determined is damages.

Believe it or not, you can have a trial solely to determine how much money to award to you. That is known in legal circles as having a trial on damages.

That is a highly focused trial where the jurors are told that the defense has admitted wrongdoing and their only function in this trial is to determine how much money to award to you. There is no decision for them to make about whether to award you compensation, instead the only question for them to determine is how much money to award.

As part of the decision the jury will have to evaluate different subcategories of damages you suffered. This would include past pain and suffering, future pain and suffering, medical expenses you incurred in the past, medical expenses in the future, lost earnings, future lost earnings as well as other types of economic and noneconomic damages.


If you have legal questions about your particular matter what I encourage you to do is to pick up the phone and call. I can answer your legal questions. This is something I do every single day and I welcome your call. You can reach me at 516-487-8207 or by e-mail at [email protected]

Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer