What Happens If Your Personal Injury Claim Goes To Court?

If you’ve been hurt in an accident, for instance, an auto accident or workplace injury, then you might be interested in speaking with one of our Florida personal injury lawyers to bring an action against the person who was at fault. Making a claim in court can allow you to receive compensation to cover the cost of property damage, lost wages, injuries and pain, medical expenses, and other damages.

Though most personal injury cases are resolved by insurance companies, some cases go to trial. It is essential to be aware of the process should this occur with your claim.

The Various Components of a Personal Injury Claim

If a case is brought before a judge, the case goes through several procedures, from start to finish. In the majority of personal accident cases, there is a jury selection procedure that is scheduled. A jury could consist of 12 or less that are chosen and then questioned before the court. The judge may ask a number of questions to the chosen jurors to find out their individual opinions regarding various cases and also to get to know the jurors personally. The process of asking a juror questions helps the judge decide if the person is a qualified candidate for the position or has particular preferences.

When a jury is chosen after which the case is taken to trial. The trial for personal injury claims typically begins with the opening statement. The defense and the prosecution will be given the opportunity to present an opening statement to the defense of their legal claim. Usually those who are representing the victim are expected to make the opening argument first, since they bear the burden of evidence.

The Cost of Proof

To submit a claim that is successful against the party at fault, the plaintiff has to be able to clearly prove the burden of evidence. When opening statements are made then the case moves towards presenting the evidence. Personal injury lawyers typically summon witnesses to testify in support of the evidence presented at the trial. The witnesses could include people who witnessed the incident as well as financial experts, doctors or even experts who recreate the scene of the incident.

Defense attorneys may call witnesses and provide evidence to prove their case against the plaintiff. After each side has presented their arguments, the other side is given the chance to question witnesses.

After the witnesses have been cross-examined and the two sides begin to make their final arguments. Both sides each have one last opportunity to convince the jury to give an outcome that is favorable for their side. The jury will be deliberating in a separate chamber and reach their own verdict or verdict. Cases of personal injury, similar to car accidents, are typically deliberated quickly. In some instances it can be lengthy. When a decision is made, the jury notifies the judge, and they present their verdict to both parties.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an insurance claims attorney. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.

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