Q: I had a auto accident trial med bills =12k. The defense mentioned to the jury I had healthcare to cover my bills.

I was told the mention of insurance declared a mis-trail. I believe the jury awarding me 1345.00 out of 12k played a part in the decision. I did not understand why a mistrial was not declared. The defense attorney was representing Progressive Insurance and it was never discussed and I this created bias for the jury. This is hear say but I spoke to a juror after the court that day and he stated I did not need all that moving given I had healthcare. The jury did not not the defendant had auto insurance and being presented by the progressive insurance company lawyer. Do I have the ability to appeal for someone to review the trial transcripts to ensure my rights to justice was not violated?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Your attorney should be discussing the appeal issues with you. If there was a healthcare lien then that would have been something the jury should consider. Juries may consider that if you didn't pay the total amount of the bills that someone else did so that's not a mistrial. I disagree with the law on this but it is the law.

You had extremely unsympathetic jurors. However while not a reason to appeal I've had a couple of those low verdict cases where we resolved it on appeal for a larger amount than the jury gave!

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