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Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr

Syracuse Journal of International Law and Commerce

The trial of a personal-injury case to a jury is fraught with uncertainty. Uncertainty stems from whether the plaintiff will prevail (and whether the jury will find the defendant at fault) and the amount of damages. Personal injuries, such as a broken ankle or a busted knee, do not translate well into specific dollar awards. Awarding a sum of money for a personal injury is firmly rooted in the law and is the only means available to compensate the plaintiff for a loss. These means are entrusted to the jury beginning at jury selection and continuing throughout the trial. trial …