Personal Injury Attorneys Explain What Happens if a Case Goes to Trial

Personal injury cases can be complex and emotionally draining. When you’ve been injured due to someone else’s negligence, it’s natural to want justice and compensation for your suffering. While many personal injury cases are settled outside of court, some do proceed to trial. It is essential to understand what happens when a case goes to trial.

Firstly, the discovery phase begins after the lawsuit has been filed. Both parties involved gather evidence from each other through depositions, interrogatories, and requests for documents. This process allows both sides to prepare their arguments thoroughly.

Once the discovery phase concludes, pre-trial motions may be filed by either party. These motions can request various actions such as dismissing the case entirely or excluding certain pieces of evidence from being presented during the trial.

If no settlement is reached during these stages, then the case proceeds to trial where it will be heard by either a judge (bench trial) or a jury (jury trial). The plaintiff’s attorney presents their case first by calling witnesses and presenting evidence that supports their claim of negligence against the defendant.

The defense then has an opportunity to cross-examine these witnesses and present its own evidence in an attempt to refute or minimize liability. After both sides have presented their cases, they make closing arguments summarizing why they believe they should prevail based on the law and evidence presented.

Then comes deliberation; if it’s a bench trial, then it’s up to the judge alone while in a jury trial; jurors discuss amongst themselves until they reach a unanimous decision known as verdict which determines whether or not the defendant is liable for damages claimed by plaintiff.

If found liable, another hearing called damages hearing takes place where amount of compensation payable by defendant is determined considering factors like medical expenses incurred by plaintiff due to injury caused by defendant’s negligence etcetera.

Finally comes judgment where court formally announces its decision based on verdict given earlier followed by order enforcement wherein steps are taken for execution of judgment i.e., payment of awarded damages by defendant to plaintiff.

However, the process doesn’t necessarily end here. Either party can appeal the court’s decision if they believe a legal error was made during the trial. The appellate process is another lengthy procedure that requires experienced attorneys who understand how to navigate through complex legal systems.

Having a personal injury attorney by your side throughout this process is crucial as they are well-versed in handling such cases and can guide you on what steps to take next. They will also represent you in court, ensuring your rights are protected and that you receive fair compensation for your injuries.

Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699

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