After a car accident, the injured party could sue the negligent driver who caused a collision. A seasoned car accident attorney could help with every element in a personal injury case. First, a lawyer will try to reach a settlement prior to filing a suit, but often they have to file a suit. When that happens, that is when the case goes into the litigation process. There are many things that occur in the litigation process. But typically, when a petition is filed, and the defendant has a time period to answer, and then the case, and negotiation process starts. A skilled lawyer will try to mediate the case and come to a settlement, but if a resolution cannot be found, then the case could ultimately end up in a jury trial. Speak to a dedicated attorney to learn about the car accident trial process in Dallas.
What Is the Trial Process for A Car Accident Case In Dallas?
The first part of the trial process is jury selection. Once a jury has been picked, then each party gives their opening statements. After the opening statements, then each side gets an opportunity to present their case. Then at the end, each party has an opportunity to make a closing statement, and a jury would render a verdict.
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Who Is First To Give An Opening Statement?
In Dallas, the party that is bringing the claim, which is the plaintiff, has the opportunity to give the opening statements first. It is because the plaintiff has the burden of proof, therefore, it is the plaintiff’s responsibility to show that there was a duty that was breached that caused damage. The plaintiff’s attorney has an obligation to present evidence to prove their case and meet their elements first.
Closing Statements
The defendant is going to have an opportunity to cross-examine the plaintiff’s witnesses and counter a plaintiff’s evidence. Then, in closing statements, the order is reversed, so the defendant would go first, providing closing or a summary of the argument and an attempt to explain how the evidence should be used with respect to Dallas law. Then the plaintiff would go final in closing.
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How Might The Closing Statement Influence The Outcome Of The Case?
There are so many intricacies to trial strategy, but the plaintiff has the opportunity to go at the end is it is going to be the final thing that the jury gets to hear. Then, it goes to a jury to render a verdict, and they are hopefully going to rely on the evidence that is presented and come back with a favorable verdict.
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How Long Does Litigation Generally Last In Dallas Car Accident Cases?
The length of a car accident case is going to depend on a lot of factors. Every case is unique, and it depends on which court the case ends up in, how backed up that court is, and how quickly that court is moving through their dockets. But it could take two to four years to come to a resolution. An experienced attorney will push these cases as fast as they can in order to get the injured party compensated.
Other Factors That Influence a Case
One factor that could affect a case is the county that the case is filed in. Some courts have a backlog bigger than others, as well as individual courts, some have a backlog bigger than others. Additionally, a shortage of judges can affect the length of a case. Also, the insurance company could affect how long litigation takes, they often try to delay the matters. The amount of witnesses and the amount of damages involved can also determine the length of litigation.
Are All Car Accident Trials Jury Trials Or Can They Be Bench Trials Too?
They can be bench trials, but typically in the Dallas area, they are going to be a jury trial. That benefits the plaintiff as juries made up of people from the community as opposed to a bench trial, which is just one judge, who may or may not be biased against motor vehicle accident cases. Although a judge is supposed to be impartial, every person brings their own bias and partiality to a decision.
Call a Local Car Accident Attorney For Help With Your Case Today
It is always important to tell the injured claimant’s story in court following a car accident. This is the only way to do that is to fully understand what happened, including the responsible party, and what specific facts can be used to prove the defendant is liable. Once responsibility has been proven, it is up to your attorney to make a jury understand how these injuries have impacted you and your family. It is not just lost wages and medical bills, but making a jury understand the suffering that comes with a car accident. Call today to get more information about the car accident trial process in Dallas.
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