When Your Car Accident Claim Goes To Trial

The majority of car accident claims end in settlement and rarely end in lawsuits. However, going to court can still be possible when both parties have failed to come into an agreement or the negotiations have been unsuccessful. Going to trial may be the only option of addressing the conflict, and when this happens it is important that you have an injury attorney by your side to help guide and effectively represent you during the whole process.

Trails are the conclusion or final step in court-based proceedings regarding a personal injury claim. The trail would open the opportunity for both parties to dispute against the presented evidence to the court who has the authority to hear and made final decisions regarding the case. Law firms such as the Hankey Law Office state that most car accident claims may be passed on to a judge (also called a bench trial) or a jury (jury trial). A number of states require jury trials to be requested as included in the original paper work that started the lawsuit.

During the trial, the plaintiff will be the one who have to carry the burden of proof and should present strong evidence against the defendant(s), and the defendant(s) will have to prove that the plaintiff was also negligent in their action and is solely or partly to blame for the accident and their injuries. Evidence are presented through testimonies (from the plaintiff, witnesses, doctors, etc.) and this will be cross-examined by the defendant.

After both parties have presented their evidence and given their last arguments, the judge or jury will then deliberate on the case and will have the final verdict. Once the judge or jury have made their final decision, an appeal may be filed should one party feel unhappy with the verdict. This motion can be filed in the court of appeals within a specific time period, otherwise the decision is final and both parties are not allowed to have the case tried again.

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