Wednesday, August 6, 2014
An undivided jury verdict is an argument waiting to happen for both defense and plaintiff attorneys due to Mississippi's damages caps. Not to go too far off track, I still find it hard to justify that all pain in suffering is equal with a maximum value of $500,000.00. Where it gets tricky is when there is an undivided jury verdict. Plaintiff argues it is lost wages, future medicals, etc. Defense argues it is not and largely pain and suffering with a request for a new trial. On the flip side, if have an divided verdict (i.e. each one laid out), it can make the damages low on actual out of pocket expenses if there is not much in medical bills with the jury thinking they are doing you a favor when they give you two million in pain and suffering and giving you just the value of the medical bills. Both have advantages and disadvantages. I think experts to quantify certain values gives it a better chance to hold up on appeal. If the medicals are relatively low, it is probably better to disclaim the medicals as advocated in the Reptile series books.