Going to Court with your Personal Injury Claim
If you have been injured in an accident, like a car accident, jet ski, boating or motorcycle accident, you may be interested in contacting a personal injury attorney like The Law Office of Summer J. Young to file a claim against the individual who is at fault. Filing a legal claim will give you the opportunity to get compensated in order to cover property damage, lost wages, pain and suffering, medical treatment, and various other damages.
The majority of personal injury lawsuits are settled by insurance companies but a number of cases end up going to trial. It is important for you to know what to expect should this happen with your claim.
When cases go to Court, they go through various stages, from filing the claim to receiving a verdict (start to finish). There will be multiple hearings that your attorney will attend with opposing counsel and the Judge to try to resolve the matter. If it cannot be resolved, then there will be numerous pre-trial motions, court ordered alternative dispute resolution, and we will be prepared to go to trial.
FIRST DAY OF TRIAL
On the first day of trial, a jury is selected. A jury can be composed of 12 or fewer individuals who are selected and first questioned by the judge and then by the two attorneys working on the case. The judge and the counsel will ask numerous questions to the selected individuals to see their personal views on various topics and to learn more about them personally. Questioning a juror helps all parties determine if a person is a good candidate for the trial by receiving all the evidence and testimony and coming to a fair conclusion, or if they have certain biases. The Judge can then remove jurors for cause meaning the juror is disqualified or unable to continue serving on the jury for a number of reasons. For example, a juror can be dismissed for cause if English is not their first language and they do not understand the words that are being spoken in the court room or if a juror is a relative or friend of one of the parties or one of the lawyers.
Each attorney then exercises their peremptory challenges which allow them to excuse potential jurors without offering a reason why. This process is designed to seat the best jury for each case.
After a jury is selected, the case will move to trial. Trial for personal injury claims typically start with opening statements. Both sides will be allotted time to make an opening statement in support of their legal claim. Typically, the Minnesota personal injury attorney supporting the injured client will give their opening statement first because they have the burden of proof.
BURDEN OF PROOF
To file a successful claim against an at-fault party, the claimant must clearly demonstrate the burden of proof. After opening statements are heard, the case will move on to presenting the evidence. Personal injury attorneys generally call the injured party, witnesses to testify to back up the evidence presented during the trial. Some witnesses can be individuals who personally witnessed an incident occur, doctors, financial experts, and even experts who re-create the scene of the incident.
After the claimant’s attorney presents all relevant evidence, the defense is provided an opportunity to present evidence of their own. After both sides present their evidence, each side will be given an opportunity to cross-examine witnesses.
After witnesses are cross-examined, both sides will begin to present their closing arguments. Closing arguments are the final chance that the defense and plaintiff have to try and persuade the jury to present a favorable outcome for them. There are a hundred different strategies and tactics that attorneys use during their closing arguments to really try to persuade the jury and help them come to the attorneys desired outcome.
VERDICT
The jury will then deliberate in a separate room and come to their own conclusion, also known as the verdict. Personal injury cases, like car accidents, are usually deliberated rather quickly. In some cases, they can take several days. Once a verdict is reached, the parties reconvene back into the courtroom while the Judge reads aloud the verdict.
If you were injured in an accident in Minnesota, it is imperative to contact an experienced personal injury attorney in Minnesota to assist you with your claim. The difference of having a good attorney with great negotiation skills can be the difference of hundreds of thousands of dollars. The Law Office of Summer J. Young has extensive experience helping victims and those who are injured achieve the highest and best results for their claims.
Summer Young works to provide every client with the best possible representation so the client can get their lives back on track as quickly as possible. If you were injured in a car or truck accident, slip and fall, or another type of personal injury accident caused by the negligence acts of another person, contact us today at (612) 770-0420 to discuss your accident and find out if you have the right to pursue a personal injury claim.