So you turned down that last offer from the defendant. You consulted your lawyer and your family before making that decision, and everyone supports you. The defendant isn’t willing to add more to the amount they offered. They said they feel they’ve already offered so much more than what you can get elsewhere. Because of all this, your lawsuit against the person who caused your injuries will be going to trial.
However, except for the dramatic and sometimes overly theatrical scenes you’ve seen in the movies, you don’t have the slightest idea of how your case will be tried in court. You may not have even stepped inside a courtroom before. Although you may be aware of some tactics used in trials, such as those mentioned over at this website, going to court is more complicated than you may think. Read on to get a clearer idea of what you might encounter during a trial.
- Discovery
Before the lawsuit goes to trial and all the parties head to the courtroom, they still have to go through several stages, the first of which is called the discovery phase. This is what you often see being portrayed in TV shows where the lawyers try to one-up each other during the depositions of their witnesses.
In reality, though, the discovery process is an important part of the lawsuit. This is when and how the lawyers prepare the victims and their eyewitnesses, including doctors, medical professionals, and everyone else who has a central participation in the accident.
- Selecting The Jury
After the depositions are taken, the necessary documents are secured, and the testimonies of doctors or other medical professionals are gathered, the suit will then go to the next stage. This involves choosing who would become members of the jury.
A notice to serve is sent out to all qualified individuals who live and work in the jurisdiction where the suit was filed. Every qualified citizen should serve jury time because this is one of the essential aspects of the American judicial system. It’s an important feature of democracy because Americans believe that a person on trial should be judged by their peers.
The lawyers of opposing parties are required to select the members of the jury for the lawsuit among those who show up for the jury selection and express that they won’t decline their responsibility.
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- Presenting Your Case
After the jury has been selected, the court will call the case as docketed and calendared. The lawyer of the plaintiff will be the first to present. Your counsel will provide the following:
- All required legal documents
- Police reports
- Accident reports
- Eyewitness statements
- Interview transcripts
- Expert testimonies on injuries
- Depositions of doctors or other health professionals
There’s no fixed period of time or number of days for your lawyer to present your case. It depends on the factual and legal issues, questions, and matters they have to discuss.
There are instances where the lawyer of the injured party is able to finish their presentation in under an hour or a couple of hours. But there are also cases where the presentation of your chief evidence could take several days or even weeks. Your lawyer should be able to give you a rough estimate of how long this particular stage would be.
- Closing
After both the plaintiff and the defendant have presented their witnesses and their evidence and have cross-examined the other’s witnesses as needed, the lawyers would be given some time to prepare their closing statements. This is your lawyer’s last opportunity at trial to connect with the jury and persuade them to take your side.
Once the closing statements are done, the jury will retire to the deliberation room, which is sealed from the public and the prying eyes of anyone who might try to disrupt their discussion. The judge will send instructions to the jury on how to state their verdict.
- Verdict And Ruling
When the jury comes back, the court will resume its session. This is when the judge will ask the group whether they’ve arrived at a verdict. The verdict will then be read aloud, including any damages in favor of the injured party.
Final Thoughts
If the opposing parties in a personal injury lawsuit aren’t able to agree on a settlement, then the case will have to go to court. There are several steps in the process, including discovery, jury selection, and cross-examination. Although the experience may be daunting at first, remember that your lawyer will be there to provide you with the support you need from start to finish.