Imagine the following scenario, which is quite common in Bronx personal injury lawsuits: After years of litigation, your personal injury case finally comes up for trial; and after a month-long trial, the jury awards you a substantial amount of money as compensation for your injuries. However, several months have passed, and your personal injury attorney explains that the defendants are still refusing to pay.
Why, you might ask are the defendants refusing to pay when a jury has decided that you are owed compensation? Shouldn’t a jury verdict, rendered after years of litigation and a long trial, be the end of the story? Unfortunately, the answer to these questions can often be “no”. This is because, even where a jury has found in your favor, defendants and insurance companies in New York personal injury lawsuits have the absolute right to appeal to the trial judge, as well as to the appellate courts (which may include, in the New York State Court system, the Appellate Division and the Court of Appeals), and ask that the jury’s verdict be modified or thrown out entirely. This article discusses some of the ways in which, even after a favorable jury verdict, defendants may still try to deny you the compensation that is rightfully yours.