Insurance at Trial
Did you know that in most every trial in Indiana which involves a car accident, or a highway accident, the defendant (the person who the hurt person believes caused the collision) has insurance. This insurance pays for the defendant’s attorney — every bit of it. This insurance pays for all the costs the defendant has in going to trial — every bit of it. If the defendant caused the hurt person’s injuries, such as a brain injury, back injury, paralysis, or even wrongful death, the insurance will pay for the compensation the jury tells the defendant he must pay the hurt person to make up for the injuries he caused.
The insurance companies have convinced Judges that to tell the jury the truth about the insurance is not fair to the insurance companies. The insurance companies do not think Hoosier Jurors are either smart enough or honest enough to know the truth. They think that if the jurors know that the defendant has insurance they will overcompensate the hurt person. So, the jurors are not told the defendant has insurance. I AM HERE TO TELL YOU THAT IF YOU ARE A JUROR IN INDIANA AND YOU ARE ASKED TO DETERMINE WHAT IS FAIR COMPENSATION FOR THE BRAIN INJURY, PARALYSIS, BACK INJURY, OR EVEN WRONGFUL DEATH, THE DEFENDANT HAS INSURANCE. INSURANCE IS PAYING ALL THE EXPENSES AND WILL PAY THE JUDGEMENT. This is also true in most medical malpractice cases, product liability cases, and construction injury cases. In fact in almost every case where the jury is trying top determine fair compensation, there is insurance. At Young and Young 55 years of trial experience tell us these things are true. As accident and injury attorneys, we know these things from experience.
The fact that there is insurance will not influence the jury. Hoosiers are smart. They know the fair value of a serious injury from a car accident, highway accident, construction accident, medical malpractice, and other situations where a person is hurt. They will compensate the injured person by paying him back for his medical bills, and lost wages . They will provide him the money he would earn in the future, but cannot because of the injury. They know that being alone, in pain and not able to do there regular activities has great value and will compensate the hurt person in a fair manner.
Jurors do not protect insurance companies. They compensate hurt people fairly. When you are a juror, know there is most likely insurance to pay the bills for the wrong done.