A verdict is the decision a judge or jury generally makes at the end of a trial. A verdict is not the same as a settlement, which is an agreement reached between the parties involved in a case.

Topic Overview

A verdict is the decision rendered by a judge or jury, generally at the end of a trial. In criminal cases, verdicts rule on whether a defendant is guilty or innocent of a crime and can lead to sentences. Or in civil cases, they rule on whether a defendant is or is not liable for a civil matter and can lead to monetary judgments. Verdicts differ from settlements, which are agreements made between the involved parties after they negotiate.

Key takeaways

  • A verdict is the formal decision a judge or jury issues generally at the conclusion of a trial. In criminal cases, verdicts find a defendant guilty or not guilty. In civil cases, verdicts find a defendant liable or not liable. Verdicts are binding and may be appealed.
  • Most verdicts lead to judgments. In a criminal case, the judgment is a sentence that may include fines, probation or jail time. In a civil case, judgments are often monetary and include an order to pay damages.
  • Verdicts and settlements are not the same thing. Verdicts are decisions made by a judge or jury. Settlements are agreements reached by the parties involved in the case, and are reached outside of court through negotiations between the parties.

What is a verdict in court?

A verdict is a formal decision the court makes at the end of a trial or legal proceeding. Verdicts are usually rendered by a jury after a jury trial, but can also be rendered by a judge in a bench trial. The judge or jury makes the verdict based on the facts and law of the case. Usually, the judge or jury will summarize their ruling in a verdict report or form.

In a criminal case, a verdict determines whether a defendant is guilty or not guilty. If the court believes the evidence proves a defendant guilty beyond a reasonable doubt, the defendant will then face sentencing. A criminal sentence may include probation, fines or incarceration.

In a civil case, a verdict determines whether a defendant is liable or not liable for a plaintiff’s financial damages. If the defendant is found liable, the court will decide the amount of compensation that the defendant must pay the plaintiff.  

Criminal sentences and the amount of monetary damages awarded in a civil case are called judgments. Parties can appeal judgments rendered from both civil and criminal verdicts. 

What are the different types of verdicts?

A verdict is a court ruling, but there are different types. Understanding what a verdict is requires knowing the various verdict definitions and how they differ. Types of verdicts include:

General verdict

A general verdict is a broad court decision. It determines a party’s guilt or liability without requiring the jury to detail/explain its specific findings on any legal issue. The jury does not have to provide the trial court with the underlying reasons for its decision/ruling. 

Special verdict

A special verdict contrasts with a general verdict. In a special verdict, the jury does not decide who wins or loses a case. Instead, the jury rules on specific factual issues posed by the court. For example, in a civil case, the jury may be asked to render a special verdict regarding the amount of damages the plaintiff may collect, but not to determine whether or not the defendant was negligent or liable. 

When the court asks a jury to issue a special verdict, it gives jurors questions regarding the legal issue so it’s focused on the specific facts of a case. The judge will apply the law based on the jury’s findings on the facts and use it to render a judgment.

Directed verdict

When there is evidence based in law that supports one side of a case, the judge can issue a directed verdict, essentially removing it from the jury’s hands. This type of verdict can be rendered at any time. But, usually it’s made by a judge after the plaintiff has presented their case and a judge decides the evidence is so clear that no reasonable jury would rule differently or in favor of the other party.

Partial verdict

In a civil trial, a partial verdict occurs when the judge allows the jury to rule on some, but not all, of the claims that are at issue/involved in the case. In a criminal trial, a partial verdict allows the jury to rule on some counts against a defendant, but not all counts. Any claim or count that is not decided in a partial verdict can be retried.

All federal jurisdictions allow for partial verdicts. However, partial verdicts are not allowed in all state jurisdictions.

Compromise verdict

A compromise verdict is an informal term used when some jurors vote against their true views on certain aspects of a case. The compromise occurs to avoid a deadlock, which is when a jury cannot reach a unanimous decision.

Depending on whether it is a criminal or civil case, jury verdicts must be unanimous in all federal cases and some state cases. When a jury fails to reach a unanimous decision, it is called a hung jury, and the case will usually end in a mistrial. When there is a mistrial, the case may be retried. The new trial could result in a verdict that no one on the current jury agrees with or could result in the same manner.

Compromise verdicts attempt to avoid this by finding a middle ground. The compromise is generally based on a quid pro quo exchange rather than a strict application of the law. For example, some jurors may dispute that a defendant is liable but may agree to a liable verdict in exchange for a lower monetary judgment.

Contact a litigation lawyer today

Motley Rice is a nationally recognized law firm. For decades, we have helped individuals, families, workers, and communities seek justice. We litigate complex cases and have been involved in significant verdicts in U.S. and state courts. If you or someone you love has been hurt, we can tell you more about your legal options.

Complete our online form or call 1.800.768.4026 to connect with a Motley Rice attorney. We offer free consultations. 

Verdict vs. settlement

A verdict is a court-decided outcome made by a jury or judge and is binding and may be appealed., A settlement is an agreement made between/by parties reached outside of court through negotiations.

Depending on the type of case involved, a civil case settlement may include a monetary payment, transfer of property or the execution of an estate. Parties can settle a case at any stage of the legal process, including after a trial has begun. Parties can also attempt to settle a rendered civil verdict by negotiating a different judgment.

Criminal cases are not settled in the same way as civil cases. Defendants can negotiate with the prosecution to have charges dropped or plea bargain for a lesser charge. 

Settlements vs. verdicts also have different legal implications. Settlements can remain confidential. Verdicts become part of the public record and can be used to set future legal precedents. 

Settlements may be preferred by some plaintiffs because they offer a known outcome, while a verdict in a trial is uncertain and even if a plaintiff receives a favorable verdict, a defendant may appeal and continue to drag the legal process out. Settlements can also result in a quicker resolution, but trials may lead to higher compensation although not necessarily. Plaintiffs and defendants must carefully consider the pros and cons of each option with their legal counsel.

Notable Motley Rice verdicts

Since 1979, Motley Rice has been involved in landmark legal actions/cases involving injured workers, consumers, and communities. Some of our notable verdicts include the following:

  • Linde et al. v. Arab Bank PLC: After 10 years of tireless litigation, Motley Rice achieved a unanimous verdict for the plaintiffs in this case. This legal action was the first time a financial institution was brought to trial under the Anti-Terrorism Act (ATA) for financing terrorism.
  • Christopher Thorpe and Laure Thorpe v. Davol, Inc. and C.R. Bard, Inc.: This verdict resulted in a $1.5 million judgment for the plaintiffs for severe injuries caused by the Composix® Kugel® Mesh hernia patch. This case was the second to go to trial out of thousands of cases filed against Davol, Inc. and its parent company, C.R. Bard, for harm caused by the defective patches.
  • In re Davol/ C.R. Bard Hernia Mesh: Motley Rice medical device attorney Jonathan Orent acted as lead co-counsel in this case. He and a team of Motley Rice trial attorneys achieved a $4.8 million verdict for the plaintiff. The jury found the medical device manufacturer C.R. Bard liable for complications caused by its hernia repair mesh.
  • Johnson & Johnson’s Ethicon Inc. transvaginal mesh bellwether trial: Motley Rice attorneys were part of the litigation team that won the first bellwether trial against J&J for injuries caused by Ethicon’s TVT-O pelvic mesh sling. The jury trial verdict yielded a $3.27 million judgment for the plaintiffs.
  • Lisa J. Priester, vs. SAR Automation, L.P.: Motley Rice attorneys achieved an $8.8 million verdict in this wrongful death case. We obtained this judgment for a Boeing Company employee's widow and surviving family members. The jury found SAR Automation liable for a malfunction that caused the employee to suffer a fatal fall.

Can a verdict be appealed?

Yes, litigants can appeal verdicts. However, parties cannot appeal a court’s decision/verdict simply because they do not like the outcome of the case. There must be a legal basis, such as an error, a procedural issue or a lack of evidence for an appeal. 

In a civil case, either the defendant or the plaintiff can appeal a verdict. In criminal cases, only defendants can appeal guilty verdicts. The government can’t appeal not-guilty verdicts.

Appeals are not retrials or new trials, and the court usually will not consider new witnesses or new evidence when reviewing a case that is appealed. Instead, the party seeking the appeal (the appellant) must file a brief with the court detailing their view of the facts and the legal grounds on which they are appealing and why it should be allowed. Generally, it is challenging, although not impossible, for an appellate court to overturn the trial court’s verdict.

Our litigation experience

For over 40 years, Motley Rice attorneys have advocated for victims harmed by negligence and wrongdoing. We understand the life-altering impact injuries and illnesses have on those we serve. We are committed to supporting our clients through every stage of their legal issues, from seeking settlements to appealing unfair verdicts. 

Our litigation experience includes a wide variety of cases, including those involving:

If you or someone you love was hurt, contact Motley Rice to discuss your legal options. Complete our online form or call 1.800.768.4026.

Read more about our litigation experience.

Sources
  1. American Bar Association. How Courts Work. Steps in a Trial. Appeals.
  2. American Bar Association. How Courts Work. Steps in a Trial. Settling Cases.
  3. United States Courts. Appeals.