Will it be a jury trial or a judge trial?

In most states including Georgia you will have a right to a jury trial for your malpractice case 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 certain circumstances, if both sides agree, the case could be arbitrated in front of arbitrators who are neither judges nor jurors.

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