Verdict

Legal Terms Explained: Verdict

A verdict is the formal decision a jury reaches at the end of a trial — or that a judge reaches in a bench trial. In a personal injury case, the verdict answers two questions: is the defendant liable, and if so, how much money should the plaintiff recover in damages? Below are the questions clients ask most often when a case is headed to trial.

Who actually decides the verdict?

In a jury trial, the jurors decide the facts: whose account is credible, whether the defendant was negligent, and what the injuries are worth. The judge controls the law — ruling on evidence and giving the jury written instructions they must follow during deliberations. In a bench trial there is no jury, and the judge's decision is technically called findings of fact and conclusions of law, though lawyers often still call it a verdict.

Does a civil verdict have to be unanimous?

Not everywhere. Unanimity is required in federal civil trials unless the parties agree otherwise, but many states allow civil juries to return a verdict with a supermajority — for example, agreement by three-quarters or five-sixths of the jurors. This is one of several ways civil trials differ from criminal ones, along with the burden of proof: a civil plaintiff needs only a preponderance of the evidence (more likely than not), not proof beyond a reasonable doubt.

What is the difference between a verdict and a judgment?

The verdict is the jury's decision; the judgment is the court's official order entering that decision on the record. The judgment is what the plaintiff can actually enforce — through wage garnishment, liens, or other collection tools — and it is what starts the clock for post-trial motions and appeals. A plaintiff "wins a verdict" but "collects on a judgment."

What is a general verdict versus a special verdict?

A general verdict simply announces the bottom line: defendant is liable, plaintiff is awarded a stated amount. A special verdict (or a general verdict with written interrogatories) requires the jury to answer specific questions — Was the defendant negligent? Was the plaintiff partly at fault, and what percentage? — which matters in comparative-negligence states where the plaintiff's own fault reduces the award.

Can a verdict be overturned?

Yes, in limited circumstances. The losing party can ask the trial judge to set the verdict aside through a motion for judgment notwithstanding the verdict (sometimes called judgment as a matter of law) or a motion for a new trial, arguing that no reasonable jury could have reached that result or that a legal error tainted the trial. Failing that, the party can appeal. An appeal is not a do-over: the appellate court reviews legal errors, not witness credibility, and most verdicts survive.

Does a verdict mean the plaintiff gets paid right away?

Usually not. Even after a plaintiff's verdict, there may be post-trial motions, an appeal, negotiation over a reduced payout in exchange for waiving appeal, or collection problems if the defendant is underinsured. That gap between winning and collecting is one reason the vast majority of injury cases settle before a jury ever deliberates.

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