When a car accident occurs, it is best to retain the assistance of a knowledgeable car accident attorney. Depending on the type and severity of their injury claim, the injured person could try to settle their claim out of court or take their case to trial. If you are unable to negotiate a fair injury settlement, a car wreck lawyer could take the case to trial and help you seek compensation for your damages. Reach out to learn about the nuances of Arlington car accident trial process.
What is Civil Litigation?
Car accident cases are civil litigation which is the legal process of resolving disputes between two or more parties. Litigation is just a legal word for saying a lawsuit. Parties involve in the lawsuit are called litigants. A party to a lawsuit can be an individual, a business, or an entity like Homeowners Association or even a governmental agency.
There is a difference in civil litigation and criminal litigation. Criminal litigation is when the federal state or local government accuses a person committing a crime. For example, civil litigation might though involve a party who broke the law such as someone running a red light and T-boning another’s car.
Civil litigation will be about seeking compensation for damages or failure to deliver a promised service or product. Damages in personal injury cases can include medical bills, rehabilitation expenses, lost wages, as well as pain and suffering. They have the right to expect compensation from the party who caused their injuries.
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The Trial Process
In a trial, the plaintiff will state their claim first and the defense will go second. The plaintiff usually goes first because the plaintiff has the burden of proving all the elements of the case. The opening statement is the opportunity for each party’s attorney to set the stage for the jury and layout their side of the case and what they will prove or refute.
Defendant’s presentation of evidence follows the same format as the plaintiff. They are going to call on witnesses and testify to the jury on the issues raised by the case. The testimony of those witnesses typically supports the claims in defenses of the side calling the witnesses.
For example, a defense attorney might call a witness who saw the accident who contradicts the plaintiff’s version of events on the injuries. The defense attorney might call a doctor who has a differing opinion and a doctor who has called as a witness by the plaintiff’s attorney.
After all the evidence, attorneys for each side give a closing argument while the opening statement at the beginning of trial addresses what each attorney expects the evidence will show. In closing argument, each attorney talks to the jury about the evidence of what’s actually presented.
The Closing Statement
The closing argument is each attorney’s opportunity to persuade the jury to draw certain conclusions from the evidence and then render a verdict in favor of their party. Following the closing argument, the jury proceeds to a room apart from the courtroom where they then deliberate some of the evidence and eventually reach a verdict.
Once there is a verdict, they tell the judge and the judge brings back the jury and their verdicts read to the parties and make a part of the official record of the court. Car wreck jury trials can last from a day to several days depending upon the complexity, so there is no set time length.
How Does Litigation Proceed When There Are Multiple Defendants?
Multiple defendants can add to the complexities of the case. More than one defendant will impact the trial strategy. Often, multiple defendants may try to place the blame on each other rather than the plaintiff.
Other times, the plaintiff may choose to place the majority of the blame on one particular defendant for strategic reasons. The amount of interest coverage for each defendant may impact the trial strategy. Other times, all defendants present a unified front against the plaintiff. In some circumstances, it may be wise to settle with one defendant and allow the trial to proceed against many defendants.
Strategies are going to be different depending upon each individual case, just know that multiple defendants as to the complexity of the case and to leave that their experienced trial attorney to decide.
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Discuss Your Options With a Car Accident Attorney
As soon as possible following an auto collision, you should get in touch with a local car accident attorney. A skilled attorney could take your case to court and know how to handle difficulties during trial. Let an experienced lawyer in your community help you get compensation for all of your damages. Call today to get started on your case and to learn about Arlington car accident trials.
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