Noteworthy Features of Personal Injury Trial

At the conclusion of a trial, the judge and jury must decide whether or not a preponderance of the evidence supports the claims against the defendant. Both sides have a chance to argue their case. Their arguments could influence the decision on the amount to be paid for damages.

The trial’s 6 phases

Selection of jury: During that selection, the lawyers for the defendant and the attorney for the plaintiff get a chance to pose challenges. A peremptory challenge could exclude a potential witness for any reason. A challenge to cause would be made if one of the possible witnesses does not appear objective.

Opening statements: Each of the opposing lawyers gets to present an opening statement. That explains the case to the jurors, from the viewpoint of the lawyer’s client.

Testimony from witnesses, along with cross-examination: The attorney for the plaintiff presents the first group of witnesses. Each of them answers the questions posed during a direct examination, a cross-examination and a redirected examination. The members of the jury often view a display, while a witness is testifying.

After the jury has heard all of the testimony from the plaintiff’s witnesses, it then hears the testimony from the defendant’s witnesses. Again, each witness must answer questions that have been posed during direct examination, cross-examination and a redirected examination, as per personal injury lawyer in Nepean.

Closing arguments: The lawyers for both sides have a chance to present a closing argument. In that same statement, each of the attorney attempts to sum up the case for the jury.

Jury instructions: This is when the judge explains the aspects of the law that relate to the plaintiff’s case. In addition, the judge must remind the jury to be guided by what each of them has seen and heard at the trial, and not by their emotions.

Jury deliberation and verdict: During the jury deliberation, each of the jurors has a chance to review any notes, and to study any display that has been brought into the room that is being used for the deliberations. In addition, the jurors are able to send questions to the judge, as some aspect of the law seems unclear to them.

Once the jury has finished deliberating, it returns to the courtroom, and gives the judge a paper, one that shows their verdict. The judge then reads the verdict to all of those present in the courtroom.

What happens after the trial?

That is up to the 2 people that had sought to resolve a dispute. If both feel satisfied, the plaintiff will start the process of going after the awarded funds. If either feels unhappy with the decision by the jury, then that same person has the right to seek an appeal.

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