What to Expect When Your Car Accident Case Goes to Trial?
If you were unable to negotiate your accident case through the insurance company or informally, you would most likely have taken it to court. The time of trial has come. Now, what''s next?
To prepare for your trial, you should know what''s going to happen there. Well, the trial rules and regulations vary from state to state. However, these are some common procedures of the trial, as explained below:
Voir Dire, Selection of Jury Members
Most of the car accident cases are handled by jury instead of judge. Voir Dire is the first stage of a car accident case trial. Judges and lawyers question jury members to ensure impartiality. Jury members have to be fair and unbiased.
Typically, the jury includes twelve people. Sometimes, there are lesser members, though.
Opening Statements
Once the jury is finalized, it''s time for opening statements. Usually, the plaintiff''s attorney is given a chance first. This is because he is the one who has to prove all the allegations right. Then, the other party opens its statement.
This is the chance for both parties to present their case before the jury.
Presenting the Evidence
Next, both parties need to present the evidence they hold against each other. The Plaintiff follows the defendant.
Plaintiff Presenting the Evidence
The plaintiff''s attorney goes first in presenting the evidence to prove the allegations. The attorney calls witnesses one by one to explain how the accident occurred, who was at the mistake, and what damage happened.
A plaintiff might himself be called to explain his injuries and losses before the jury. Usually, the plaintiff''s doctor is also called.
Defendant Presenting the Evidence
As the plaintiff''s attorney is done with the presentation of evidence, it''s the defendant''s turn. The defendant''s attorney comes forward and calls his side of witnesses, the defendant, or any other related people to the case.
Closing Arguments
Following the presentation of evidence, each attorney presents closing arguments. While opening statement presents the case, closing arguments allow the attorney to present conclusions from the evidence.
During this session, attorneys do their best to persuade the jury upon their respective conclusions and give a verdict in favor of one party.
Jury Deliberation
However, the jury does not give a final decision right then and there. The jury members engage in deliberation in another room than the courtroom. Usually, there are small rooms attached to the courtrooms for jury deliberation.
There is no set time for jury deliberation. If the case is complicated or the jury cannot agree to a mutual verdict, it can take longer.
Final Verdict
As the jury reaches a verdict, it notifies the judge. Then, the verdict is read in the courtroom. This way, one party wins against the other. Accordingly, settlements are made.
Conclusion
Car accident cases can take days and weeks. It depends on the complexity of the case, the intensity of injuries, court procedures, and your attorney''s professional skills. Even if you get a verdict in your favor, taking your money is another lengthy process.