Who Will Decide My Malpractice Case?

In most states you will have a right to a trial by jury if you want one. Your trial will be presided over by a judge, but the judge will decide issues of law and will make rulings on what evidence the jury is entitled to hear. The jury will decide who they think is telling the truth, what the facts are, and will decide the amount of damages you are entitled to recover.

Under Florida law either the plaintiff or the defendant can request a jury trial at the start of a malpractice case.   Florida uses a six person jury in civil cases including legal malpractice cases. 

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