Can Post Trial Motions Reduce Awards?
As a personal injury attorney in San Diego with over 13 years of experience, I’ve seen this scenario play out countless times. Juries render verdicts, but the process rarely ends there. Insurance companies rarely accept a loss without a fight, and post-trial motions are a common tactic to reduce or eliminate the amount they ultimately have to pay. Understanding these motions – and how to counter them – is crucial for protecting your rights and maximizing your compensation.
The most frequent post-trial motions stem from challenges to the evidence presented, alleged errors in jury instructions, or claims of excessive damages. Defense attorneys will scrutinize every aspect of the trial, searching for any procedural misstep or legal argument to justify a reduction or a new trial altogether. This is why meticulous preparation and a thorough understanding of California civil procedure are essential from the outset of your case.
I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. This background allows me to anticipate their strategies and build a robust defense against these post-trial attacks. In Devon’s case, we were able to successfully oppose the defense’s motions, preserving the integrity of the jury’s verdict and ensuring he received the compensation he deserved.
Can the Defense Ask the Judge to Overrule the Jury’s Verdict?
Yes, the defense can file a “Motion for Judgment Notwithstanding the Verdict” (JNOV) or, more commonly in California, a “Motion for New Trial.” A JNOV argues that no reasonable jury could have reached the verdict based on the evidence presented. This is a high bar to clear, as the judge must essentially find that the jury’s decision was legally unsupported. A Motion for New Trial is broader, alleging errors during the trial – such as improper evidence or flawed jury instructions – that warrant a second chance for the defense.
Successfully opposing these motions requires a detailed analysis of the trial transcript, evidence exhibits, and legal precedents. We focus on demonstrating the substantial evidence supporting the jury’s findings and highlighting any procedural correctness throughout the proceedings. In San Diego, judges are often reluctant to overturn a jury’s decision unless there is a clear and compelling legal basis to do so.
What Happens if the Judge Grants a Motion for a New Trial?
If a judge grants a Motion for New Trial, it doesn’t necessarily mean your case is over. It simply means a second trial will be held. However, it’s a significant setback, requiring you to re-present your case to a new jury. This involves re-gathering evidence, re-depositing witnesses, and preparing for another potentially lengthy and costly trial. It’s critical to have an attorney experienced in handling complex litigation to navigate this process effectively.
How Do Post-Trial Motions Affect the Amount of Damages Awarded?
Post-trial motions frequently target the amount of damages awarded. The defense might argue that the jury’s award for pain and suffering is excessive, or that certain medical expenses are not directly related to the accident. They may also seek a reduction based on comparative fault, arguing that you were partially responsible for the collision. Civ. Code § 1714 outlines California’s pure comparative fault system, meaning your recovery can be reduced by your percentage of fault, even if you were only partially at fault.
We meticulously document all medical expenses, lost wages, and other damages to build a strong foundation for your claim. We also anticipate potential comparative fault arguments and gather evidence to demonstrate the other driver’s negligence was the primary cause of the accident.
Can the Defense Challenge the Jury’s Findings on Liability?
Absolutely. The defense can file a motion arguing that the evidence was insufficient to prove the other driver was negligent. This often involves challenging witness testimony, questioning the credibility of evidence, or presenting alternative explanations for the accident. Successfully opposing this motion requires a thorough understanding of negligence principles and the ability to effectively present the evidence supporting the other driver’s fault.
We focus on building a compelling case based on police reports, witness statements, and any available video evidence. In cases involving lane splitting, we emphasize that CVC § 21658.1 formally recognizes lane splitting as legal, and that the rider was operating their motorcycle in a safe and prudent manner.
What is the Role of Evidence Preservation in Defending Against Post-Trial Motions?
Evidence preservation is paramount. The defense will often seek to exclude evidence presented at trial if it wasn’t properly disclosed or authenticated. This is why it’s crucial to gather and preserve all relevant evidence – including police reports, medical records, witness statements, and photos of the accident scene – as early as possible.
- Skid Marks: Document skid marks or other physical evidence at the crash site.
- GoPro Footage: Secure any GoPro or dashcam footage from your motorcycle or nearby vehicles.
- Witness Contact Info: Obtain contact information from all witnesses.
We immediately send spoliation letters to all relevant parties, demanding preservation of any evidence related to the accident. This helps protect your claim and ensures we have the strongest possible case against potential post-trial challenges.
