Will a Judge or a Jury Decide My Case?

In most states you will have a right to a jury trial if you want one. Your trial will be presided over by a judge, who 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 the amount of damages you are entitled to recover.

Under Florida law, either the plaintiff or the defendant may request a jury trial in a malpractice case and that is what they will get. Florida uses a six-person jury in civil cases. Under certain circumstances, if both sides agree, the case could be arbitrated in front of arbitrators who are neither judges or jurors.