What to Know if Your Personal Injury Case Goes to Trial
The majority of personal injury claims are settled through negotiations before making it to trial. However, if an agreement can’t be reached outside of court, your attorney will file a lawsuit on your behalf. When you aren’t familiar with how the litigation process works, the idea of facing a judge and jury can seem daunting. The following guide explains what you should know to help you prepare for the legal proceedings.
Pretrial Action
After a personal injury lawsuit is filed, the defendant must be notified of the complaint and given time to respond. Then, a preliminary hearing will be held in court where a trial date is set. Next is the discovery phase in which the attorneys for both parties get the chance to review evidence that each side will introduce at trial. Legal counsel will also have the opportunity to file motions requesting the court to rule on various requests.
What to Expect at Trial
To receive compensation for a personal injury, the plaintiff must establish the other party’s liability. Your attorney will attempt to do this by making an opening statement to the jury, explaining how you got injured, and why the defendant should be held responsible. This is followed by the submission of evidence, including witness testimony, photos from the accident, police reports, and medical records. The defendant will be able to cross-examine your evidence and present their own argument. Once closing statements are completed, the jury will deliberate to decide on a verdict.
Who Testifies
If there were any eyewitnesses to your injury, they’ll be called to testify about what they saw. Expert testimony is another important part of a personal injury trial. Your attorney may use professionals from different fields to help the jury understand the evidence and demonstrate the extent of your injuries. Depending on the nature of the case, this could include physicians, engineers, and auto manufacturers. Often, the plaintiff and defendant will also testify to give the jury their perspective of what happened.
How Damages Are Calculated
The jury will take into account all of the evidence and testimony they’ve heard to determine if your injuries are compensable. If they award you damages, the amount is typically based on your current and ongoing medical bills, as well as lost wages. They may also consider your pain and suffering and future quality of life.
If you’ve been seriously injured because of someone else’s negligence, trust the attorneys at Remillard & Huynh in Honolulu, HI, to advocate for your right to compensation. They’ll advise you of all your legal options and work to resolve your case in the most efficient and just manner possible. Backed by over 45 years of combined experience, this law firm is dedicated to helping personal injury victims across Oahu recover the maximum damages to which they’re entitled. Call (808) 536-5737 to schedule a consultation, or visit them online for more information about their services.
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