Legal
What Happens During a Personal Injury Case if it Goes to Court?
If you have been injured in a car accident or at work and want to file a personal injury claim against the person who is responsible for your injury, talk with an attorney today. If you file a legal claim, you will have the opportunity to receive compensation for property damage, lost wages, pain and suffering—and any other damages.
Although most personal injury lawyers are settled out of court by insurance companies, many cases do end up going to trial. It is important for victims to know what they can expect if this happens with their claim.
There are several components to a personal injury claim.
When cases go to court, they are heard by a judge and jury. In many personal injury cases that go to trial, the process of selecting jurors takes place first.
After a jury has been selected, the case will move to trial. Trial for personal injury claims generally begins with opening statements. The prosecution and defense will each make an opening statement in support of their legal claim—then present witnesses who can back up those claims later on during direct examination.
Typically, the personal injury lawyer representing the victim will make their opening statement first—since they have to prove their case.
The Burden Of Proof
In order to file a successful claim against an at-fault party, the plaintiff must clearly demonstrate the burden of proof. After opening statements are heard, evidence will be presented by both parties in court. During a trial, personal injury attorneys will call witnesses to testify in support of evidence they have presented.
Some witnesses may be individuals who personally witnessed an incident occur—such as medical professionals or police officers; others may offer expert testimony on matters unrelated to the case—like construction experts re-creating how a fall occurred.
After the plaintiff presents all relevant evidence, and before he is cross-examined by defense counsel, the defendant is provided an opportunity to present his own witnesses. Once both parties have presented their cases (under oath), a jury deliberates over them until it reaches a unanimous verdict on which they inform the judge—who then announces this decision in open court to both parties.
Having a personal injury attorney on your side can help you.
If you are injured in an accident, it is imperative that you contact a personal injury attorney to assist with your claim. An experienced lawyer can help ensure that victims receive the highest possible compensation for their injuries.
