"Bench Trial or Jury Trial?" New York Personal Injury Lawyer Gerry Oginski Explains

http://www.oginski-law.com

When you bring a lawsuit in New York in an accident or medical malpractice wrongful death case, you have the ability to choose between having a bench trial or a trial by jury.

What is a bench trial? It is where the judge becomes the finder of fact as well as the judge of the law. In a bench trial, a single judge makes decisions not only about what actually happened, but also what law to apply.

A "jury of our peers" is the general standard by which most lawsuits are resolved in the Supreme Court of the State of New York; our trial-level court. What is a jury of our peers? It is six members of the community who tell the attorneys that they are able to judge your case based upon the limited information we provide during jury selection.

Doctors who are sued, often argue that a jury of their peers would be other physicians sitting in judgment of their actions. However, the law does not look at it that way. Instead, jurors are selected from across the community and it is up to the lawyers to find out from the potential jurors whether there is any reason a person cannot sit in judgment of a doctor or hospital.

Watch the video to learn more about the differences between a bench trial and a jury trial.

To learn even more about how negligence, accident and medical malpractice cases work in NY, I urge you to explore my educational website http://www.oginski-law.com.

If you have legal questions pick up the phone and call me at 516-487-8207, or send me an email: lawmed10@yahoo.com. I can answer your questions; that's what I do every day and I welcome your call.

The Law Office of Gerald Oginski, LLC
25 Great Neck Rd., Suite 4
Great Neck NY 11021
516-487-8207
lawmed10@yahoo.com

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[lawmed1]

@anisocoro I can only speak about what happens in NY. Here, if the injured victim wants a jury trial, they request one. 

[anisocoro]

Well, a defendant can choice between bench and jury trial,but if I am not wrong also the attorney of the Commonwealth can, and both of them must agree with the bench-trial decision. in civil-law countries bench trial is the best option for an innocent doctor challenged of malpractise,but in America there is Common Law and the precedent ,even if absurd in term of medical science, makes law

[lawmed1]

@iamthatguyfromcanada You're welcome!

[iamthatguyfromcanada]

thank you for clearing this up for me.