What to Expect When Your Car Accident Claim Goes To Trial

Feb 8
08:30

2013

Alejandro Padua

Alejandro Padua

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Going to trial with a car accident claim is different than settling outside of the court. The role of a trial is for the jury to decide whether or not the driver you are suing is at fault for your injury. Thus auto accident lawyer need to present the evidence that support their claims.

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When an accident causes an injury or fatality,What to Expect When Your Car Accident Claim Goes To Trial Articles the victim often hires a car accident attorney Houston to pursue compensation for the suffered losses. A reliable Houston auto accident lawyer is well aware that most cases can and will be resolved through negotiations. Consequently, the settlement often replaces the verdict and the case doesn’t have to go to trial.

What Is a Trial for Personal Injury Claim?
However, there are situations when a car accident claim cannot be resolved out of the court. In such cases, the cause is taken to a jury, which triggers a completely different procedure. The role of a trial is for the jury to decide whether or not the driver you are suing is at fault for your injury. More, the jury will have to assign a value to your injuries in money terms. In most cases, the victim is represented by a car accident attorney Houston.

Proving the Case
In order for the jury to make a decision about the defendant being at fault or not, the Houston auto accident lawyer and the plaintiff need to present evidence that support their claims. In this type of cases, the car accident attorney Houston presents evidence according to the balance of probabilities, which means that it is enough to incline the scales of justice slightly in your favor and you don’t need to prove anything beyond any reasonable doubt.

What to Expect From a Case Trial?

  •     Your Houston auto accident lawyer tells to the jury with what the actual trial will involve: what the evidence and witnesses will say.
  •     The defendant’s lawyer will do an opening statement as well, presenting their side of the story.
  •     Your lawyer will have to demonstrate that the defendant caused the accident and therefore your injuries.
  •     You and your car accident attorney Houston will also have to demonstrate the effects of the accident on your life; that means that you will have to prove that your life has changed after the accident due to the injuries and the emotional impact you have suffered.
  •     You also have to present the jury with your life before the accident so that they have a clearer picture of what happened and why you are seeking compensation.
  •     Your testimony will have to be supported by lay witnesses such as family, work colleagues or friends.
  •     Your Houston auto accident lawyer will have to call in experts and healthcare providers to help the injury understand your injuries better as well as your future costs, quality of life, and prognosis.
  •     The defendant’s attorney has the right to cross examination with the purpose to undermine your case;
  •     Your Houston auto accident lawyer will have to teach you how to avoid the pitfalls a witness is facing.
  •     Your lawyer will have the right to cross examine the defendant’s witness and the defendant id he or she decides to testify.
  •     Closing arguments are also very important as they bring together all the evidence with the purpose of convincing the jury to rule in your favor.
  •     The Trial Judge decides on a series of questions for the Jury to decide upon. Five of six jurors must agree to the answer to have a verdict; if it does not happen so, the jury is deadlocked, which leads to a mistrial.
  •     A mistrial gives you a chance to a new trial with a new jury.