Basic Aspects of Car Accident Trial

Most disputes that arise as the result of a car accident get resolved by means of a negotiated settlement. Still, if there is no settlement, then the disputing parties could elect to face each other during a courtroom trial.

Setting for trial

The trial could take before a judge. Alternately, it could take place before both judge and jury. Each side would have a lawyer to argue that side’s case.

Evidence to present at trial

Testimony from witnesses: These should be neutral witnesses.

Information on the reported injuries and on the treatment for those same injuries: That would probably come from the relevant sections of the victim’s medical report.

A statement from the plaintiff: It should include facts about how the accident happened. It could also include details on the effects of the injuries.

Facts about the plaintiff and the defendant

—Occupation of both parties
—Driving history for both parties
—Actions by either party, after accident had taken place. For instance, had either party failed to provide sufficient proof of insurance? Had either party failed to offer information on his or her contact information, or on his or her license number?

Personal injury lawyer in Burlington might include testimony from an expert on accident reconstruction. He/she might include testimony from someone that lived in the area of the accident. Such testimony could prove useful, if a number of accidents had taken place at that same location. The nature of evidence presented by the defense team would depend on the team’s chosen defense.

Typical defenses would be these:

The victim had failed to mitigate the possible effects of the injury. The victim’s injuries were not as severe as claimed. The defense team might try to introduce facts about the victim’s medical history, if the victim had suffered a similar injury at an earlier time, or was living with an on-going medical condition. Closing statements from each side’s attorney would follow presentation of the evidence.

Parts of trial that would come after the closing statements

If there were a jury, the jury would receive instructions from the judge, and would then commence its deliberations. The plaintiff, defendant and judge would have to await the jury’s decision.

Once the jurors had arrived at a verdict, they would re-enter the courtroom and give their verdict to the judge. The same judge would read the verdict and order the judgment.

If there were no jury, then the judge would retire to his or her chambers, in order to study the evidence and reach a decision. Eventually the judge would re-enter the courtroom and announce that same decision. The judge’s announcement would be followed by an order of judgment. In either case, the defendant could appeal the decision.

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