Are You More Likely Right than Wrong? Ny Lawyer Explains

Hi. I’m Gerry Oginski, a New York medical malpractice and personal injury trial lawyer. And today’s video tip, I’m going to ask you question…are you more likely right than wrong? Now what does that have to do with anything? When we bring a case that’s a civil case and the burden of proof that we have to show to a jury in order to get a verdict in our favor is to show that we are more likely right than wrong. We only have to tip the skills of justice ever so slightly to get a verdict in our favor. Now how does that compare to a criminal case? The prosecutor has to prove their case beyond a reasonable doubt. Now that’s a really, really high standard. In a civil case, in a medical malpractice and personal injury case in New York, we only have to show that we are more likely right than wrong. So what does that really mean? It means that when the jurors go back and deliberate and decide your case, they don’t have to decide for days and weeks to make absolutely sure that what we are claiming is true. Instead, they only have to understand that we are more likely right than wrong. We don’t have to show with 100% certainty that we’re entitled to a verdict. We only have to show that we’re more likely right than wrong. And when we do that, the jury then has to decide the case in our favor and then get to the ultimate question of how much compensation to award you for the injuries that you suffered. That’s an important distinction that we make during jury selection any time we bring a case to trial. And that’s it for today’s video tip about are you more likely right than wrong? I’m Gerry Oginski, here in New York. Thanks for watching.