What will happen to the defendant?

November 2, 2009
By Ben Glass

Sometimes  at trial members of the jury worry about what will happen to the defendant if they award a verdict against him. (We know this because we talk to jurors after trial, as is allowed in Virginia.)

In 99% of all cases the defendant has car insurance. The attorney defending him is paid for by the insurance company. Even if the verdict exceeds the amount of the defendants insurance is insurance company will, in many cases, pay the “excess damages.” When this happens it is usually because the insurance company turned down an opportunity to settle the case before trial.

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