What Jurors Aren't Told
- The defendent has insurance. Florida is one of a few states that does not allow the jury to know that the defendant won't have to pay a judgment against them out of their own pocket; the insurance company pays the plaintiff. In fact, the insurance company hired the attorney sitting at the defendant's table.
- The doctor that saw the plaintiff one time, on behalf of the defendant, is paid by the insurance company. The defendant has the right to force the plaintiff to see a doctor of their (insurance company's) choice. The insurance company usually picks the same doctors because they can rely on their opinions to be favorable to the defendant.
- The defendant does not have to pay any legal expenses. The insurance company provides the attorney and pays all the costs of litigation. Most of the time, the plaintiff does not get the entire judgment. In addition to paying any outstanding medical bills, the plaintiff usually has to reimburse his health insurance company. The plaintiff must also pay their attorney approximately 40% of any verdict rendered in their favor. While the plaintiff (or their attorney) must pay the legal costs, the court will usually reimburse the winning party the majority of these costs, paid by the losing party.
