Verdict

What is a verdict?

A verdict is the jury's formal decision on the disputed issues presented at trial, typically addressing both liability and the amount of damages, if any, to be awarded.

In a civil case such as a personal injury claim, the verdict generally requires either a unanimous decision or a specific required majority, depending on the applicable court rules.

Once a verdict is reached and formally recorded, it becomes the basis for the court's subsequent entry of a judgment.

Understanding the verdict process helps demystify what remains, for most people, an unfamiliar and somewhat mysterious final stage of a rarely reached trial.

What types of verdicts exist in a personal injury case?

Trials can produce different verdict outcomes depending on how the specific issues were resolved.

• A verdict for the plaintiff, finding liability and awarding specific damages
• A verdict for the defendant, finding no liability and awarding nothing
• A verdict apportioning fault where comparative negligence applies
• A verdict addressing multiple defendants with differing fault percentages
• A verdict including punitive damages in appropriate circumstances

How does comparative negligence affect a verdict?

Where a jury finds the plaintiff partly at fault, the verdict form typically requires assigning specific fault percentages among all relevant parties, including the plaintiff where applicable.

New Jersey's modified comparative negligence rule then reduces the plaintiff's damages award by their own fault percentage, and bars recovery entirely if that percentage exceeds fifty percent.

This mechanism means the verdict process involves careful attention to how the jury allocates percentages, since this single number can dramatically affect what a plaintiff actually receives.

What happens after a verdict is reached?

The verdict is formally announced and recorded, generally leading to entry of a judgment reflecting the verdict's specific terms.

Either party who disagrees with the verdict may have grounds to file post trial motions, or ultimately to pursue an appeal, within strict applicable deadlines.

Even after a plaintiff's verdict, actually collecting the awarded damages can involve further steps depending on the defendant's insurance coverage and financial circumstances.

Common questions

Does a verdict have to be unanimous in a civil case?

This depends on the applicable court rules, which specify the required agreement among jurors for a valid civil verdict, and this can differ from criminal case requirements.

Can a verdict be overturned after it is reached?

Yes, through post trial motions or a successful appeal, though this occurs in only a portion of cases and requires establishing genuine legal error.

Does a plaintiff's verdict guarantee payment?

Not automatically. Actual payment typically depends on the defendant's available insurance coverage and, in some circumstances, may require post-judgment enforcement.