Going through a personal injury accident is itself an appalling experience, and personal injury lawsuits can drain the victims with time on both physical and emotional levels. Whether you’re the plaintiff seeking justice or the alleged party defending your actions, the journey in the course of a personal injury trial is a complex process. A common misconception about personal injury cases is that the majority of the cases get resolved in the courtroom at a trial. It often comes as a surprise that a personal injury claim is settled through negotiation. As per The Law Dictionary, around 95% of personal injury lawsuits settle before trial. At Louis Berk Lawfirm, our seasoned lawyers are devoted to guiding you through your Florida personal injury case from start to finish. We offer free consultation and work on a contingency basis.
The blog will delve deeper into what you can expect during a personal injury trial, offering insights into the various phases and critical elements that shape the course of the legal procedure.
Understanding the Basics
Once you file your personal injury lawsuit, then comes negotiation and discussions. The legal process is the core of your personal injury case, and it often determines whether your case proceeds to the trial or ends with a mutual settlement.
The role of insurance companies is vital in personal injury cases. After the defendant receives the demand letter, the responsibility is of the opponent party’s insurance company to respond. They might agree to the demanded compensation, reject it, or offer a lowball offer.
It requires various considerations to achieve a fair settlement. It is not just about offering medical costs and lost income; it also includes the potential future expenses to maintain physical, mental and emotional health. The negotiation process goes through lots of ups and downs as your personal injury attorney fights to get you the compensation you deserve. If it’s a truck accident case, you must consult an adept Orlando truck accident attorney for sharp legal representation.
Negotiations don’t always conclude in a mutual and successful settlement. If the insurance company refuses to settle for fair compensation or dismisses the claim, the case may proceed to trial. At this time, having an experienced personal injury attorney at your back makes the difference. We fight for you. You don’t pay us unless we win.
Phases You Go through during A Personal Injury Trial
Complaint File
The lawsuit commences when you file the “complaint” and the defendant receives the official legal notice. The defendant then responds to the lawsuit with an “answer”. In case the defendants find the case invalid, they can also find a “motion to dismiss” that asks the court to dismiss your case altogether.
Discovery Process
After the complaint has been filed, the discovery begins. In the process, the parties ask questions and seek information from each other and witnesses, allowing a detailed analysis of the case. If you have been involved in a car accident case, your experienced team of Orlando car accident attorneys fights you during the discovery process by defending and filing motions.
Pre-trial Motions
At this step, the attorneys for both parties address the pre-trial matters with the court. The process involves the presentation of witnesses, submission of evidence, applicability of law or statutes to the case, and other issues that might impact the flow of the trial. The motions and the court findings can highly impact how the trial proceeds and what matter can be presented to the jury.
Jury Selection
Some case trials take place only before a judge, whereas many of those are concluded by a jury. Jury selection is one of the most crucial steps in a trial. Each party strives to find the best juries to win the lawsuit. During the process, the attorneys of both parties ask questions to the potential jurors. The judge and attorneys can dismiss the potential jurors based on the answers they offer under pressure.
Opening Statements
The next step in a personal injury trial is offering the opening statements. The attorneys may not call witnesses to stand or present evidence in the opening statements. Instead, they should tell the jurors the facts of the case without an argument. The plaintiff has to prove the defendant is responsible for the injuries, so they offer the first opening statement. The objective is to prove to receive the judgement against the defendant. Cases like truck accidents require the assistance of an expert Orlando truck accident attorney to fight for you. The opening statement of the defendant typically offers the defence’s interpretation, disapproves of the plaintiff’s evidence, and presents affirmative defences to the allegations.
Settlement Negotiations
Throughout the lawsuit, both party’s attorneys discuss settlement offers. If the settlement offer is accepted, the case is over, and the victim receives payment. If not, the case leads to trial.
The Trial
A trial can take anywhere from weeks to months, based on the complexity of your case. We work on a contingency basis, so you don’t have to pay attorney fees unless you secure a settlement or verdict in your favor. During the trial, the jury decides the outcome of your case. If the documents and proofs can not convince the jury, you may get a smaller amount of compensation or, in some cases, no compensation at all. That’s why having an expert personal injury attorney by your side is so crucial.
Closing Arguments
A closing argument is the chance for the plaintiff and defendant to end the case. Both the parties use the closing arguments to showcase the evidence in a way that favors them. It is also their last chance to speak to the jury before and leave a lasting impression.
The Verdict
As a team, the jurors consider the case and choose to agree on whether the defendant is legally responsible for the victim’s injuries and, if so, how the plaintiff can receive the compensation. The jury reviews the evidence, questions witnesses, and analyzes the situation to decide which party is responsible. It is a complex process that can take anywhere from hours to weeks.
Post-Verdict Motions
The parties have the final opportunity to make motions to the court after the verdict is read. Sometimes, the motions are made at the time of the verdict being rendered. Others remain due for a number of days after the judge renders the final judgement on the case. From truck to slip and fall to pedestrian to wrongful death to Orlando car accident attorneys are by your side, whenever you need legal assistance during a personal injury trial.
Conclusion
A personal injury trial is a multifaceted procedure that requires careful investigation and navigation. From filing the initial complaint to the final verdict, help individuals involved in such cases prepare for what lies ahead. It seems challenging to cross the path, but legal assistance from seasoned legal professionals can empower individuals to pass through the legal crossroads of a personal injury trial with confidence. Our skilled and compassionate attorneys hold the knowledge and experience to help you with any part of the claim. Connect with us anytime in your trouble.