How A Personal Injury Attorney Can Help You At Trial
If you have filed a lawsuit against a person who has negligently or intentionally injured you, there is a chance your case may go to trial.
This is not guaranteed however, as most lawsuits resolve themselves through settlement negotiations.
This compromise allows the plaintiff to recover monetary or other compensation for his or her injuries while also allowing the defendant to avoid a lengthy, expensive, and potentially embarrassing public trial.
However, when a settlement agreement cannot be reached, some cases may indeed go to trial.
If your case ends up doing so, it is best to know the basics of the trial process before you and your personal injury attorney begin to prepare your case.
Although the layout and procedure of a trial is generally the same everywhere, every jurisdiction has some special rules, so it is best to do a bit of research about the procedural rules followed by your jurisdiction.
The first part of a trial is jury selection.
All defendants have the right to a fair and impartial jury of their peers.
Lawyers select juries by questioning potential jurors about their beliefs and life experiences.
These beliefs and experiences may impact a juror's ability to be fair and impartial.
Your personal injury attorney will then have the ability to strike jurors that they do not want, as will opposing counsel.
The only caveat of these strikes is that they may not be used in a way that violates the United States Constitution, meaning that lawyers cannot discriminate against race, gender, or other protected classes when they exercise their jury strikes.
Next, your personal injury attorney and the defendant's lawyer will both get to present an opening statement.
This statement will state the facts of the case and what evidence the jury will hear.
However, they cannot make arguments about what the jury can or should infer from that evidence.
After the opening statements, you will present your case.
This involves calling witnesses.
Your lawyer will ask them direct, non-leading questions and have them authenticate physical or documentary evidence that can be shown to the jury.
The defendant's legal representative will then have a chance to cross-examine these witnesses.
This means that the defense lawyer can ask leading questions that expose inconsistencies or inaccuracies in the witness's testimony.
Once you rest your case, the defendant will have the chance to present witnesses of his or her own, and your personal injury attorney will have the opportunity to cross-examine these witnesses.
Following the presentation of each side's case, the two lawyers will give closing arguments.
During the closing argument, your lawyer will be allowed to argue what the jury can and should infer from the evidence presented and give reasons for why the jury should find the defendant liable.
After the closing arguments, the judge will instruct the jury on the applicable law and the jury will deliberate until they decide on a verdict.
This is not guaranteed however, as most lawsuits resolve themselves through settlement negotiations.
This compromise allows the plaintiff to recover monetary or other compensation for his or her injuries while also allowing the defendant to avoid a lengthy, expensive, and potentially embarrassing public trial.
However, when a settlement agreement cannot be reached, some cases may indeed go to trial.
If your case ends up doing so, it is best to know the basics of the trial process before you and your personal injury attorney begin to prepare your case.
Although the layout and procedure of a trial is generally the same everywhere, every jurisdiction has some special rules, so it is best to do a bit of research about the procedural rules followed by your jurisdiction.
The first part of a trial is jury selection.
All defendants have the right to a fair and impartial jury of their peers.
Lawyers select juries by questioning potential jurors about their beliefs and life experiences.
These beliefs and experiences may impact a juror's ability to be fair and impartial.
Your personal injury attorney will then have the ability to strike jurors that they do not want, as will opposing counsel.
The only caveat of these strikes is that they may not be used in a way that violates the United States Constitution, meaning that lawyers cannot discriminate against race, gender, or other protected classes when they exercise their jury strikes.
Next, your personal injury attorney and the defendant's lawyer will both get to present an opening statement.
This statement will state the facts of the case and what evidence the jury will hear.
However, they cannot make arguments about what the jury can or should infer from that evidence.
After the opening statements, you will present your case.
This involves calling witnesses.
Your lawyer will ask them direct, non-leading questions and have them authenticate physical or documentary evidence that can be shown to the jury.
The defendant's legal representative will then have a chance to cross-examine these witnesses.
This means that the defense lawyer can ask leading questions that expose inconsistencies or inaccuracies in the witness's testimony.
Once you rest your case, the defendant will have the chance to present witnesses of his or her own, and your personal injury attorney will have the opportunity to cross-examine these witnesses.
Following the presentation of each side's case, the two lawyers will give closing arguments.
During the closing argument, your lawyer will be allowed to argue what the jury can and should infer from the evidence presented and give reasons for why the jury should find the defendant liable.
After the closing arguments, the judge will instruct the jury on the applicable law and the jury will deliberate until they decide on a verdict.
