When a Personal Injury Case Goes to Trial
Most Birmingham personal injury cases are resolved before they have a change to go to trial. The injured or wronged party will file a claim, an insurance pay-out will be generated and the process is complete. However, sometimes the payout is not enough. If a satisfactory settlement cannot be decided, a personal injury case will often be taken to trial.
Personal Injury Law
Personal injury cases are not unlike other cases. The court process is generally the same as other cases from beginning to end. First, a jury is selected. Potential jurors are collected and questioned by the judge and both attorneys working the case. They ensure that the jurors selected have no bias, be it ideologically or by personal experience.
Once the jury has been selected, a trial date is scheduled. Both the plaintiff and the defendant’s attorneys will present their opening statements. Often, the plaintiff’s side will go first in order to establish why the case is taking place to begin with as well as their side of the argument. The defendant’s attorney will follow this argument with their own opening statement regarding their defense as well as how they interpret the plaintiff’s claim.
The case will then progress to the plaintiff calling any witnesses to the stand as well as presenting any evidence to support their claim. Once this has been established, the defendant could present their own witnesses to the stand and present any evidence they would like to support their own claim and / or serving as a rebuttal for the plaintiff’s claims.
When both sides rest, the judge will decide what legal foundation the case has. The judge will instruct the jurors to deliberate and come to a decision regarding the case. Deliberation allows the jury to discuss the case among themselves and and announce their verdict. This process often takes hours but, in some situations, could last weeks. Once they finish, the jury presents their verdict to the judge who then declares the verdict in court.
Personal injury cases are generally settled out of court. But if they must go to trial, the best one could hope for is a smooth, simple case.
If you or a loved one has been injured and are seeking compensation for your injuries, contact an experienced personal injury attorney who could help. Contact the law offices of Salter Ferguson today to schedule your free case evaluation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.