Steps in a Personal Injury Trial
When you file a suit claiming damage recovery on grounds of personal injury, you need the advice of a legal practitioner. This is important whether you are negotiating a settlement with the responsible entity's insurance adjuster or trying to reach a resolution using alternative methods like mediation or arbitration.
Taking help from a personal injury attorney becomes even more essential if your case reaches the trial stage. Only a legal professional is aware of the Georgia laws that apply and the right way to present your case. Here are the steps in this legal process.
Jury Selection: This step involves questioning of potential jurors by the judge and the attorneys, of the plaintiff and the defendant, to choose a panel. Your attorney may be able to exclude a juror with - 'peremptory challenges' (for any cause) and 'challenges for cause' (if there is reason to believe that a juror can never be objective in this case).
Opening Statements: At this stage, your legal counsel needs to let the judge and jury know about the facts of the incident and the liability of the entity, i.e. the defendant, for the injuries and damages. This follows with the defendant's opening statement.
Witness Testimony: YourAtlanta personal injury attorney needs to provide physical evidence, documentary evidence as well as witness testimonials at this stage. Apart from your testimonial, the case may require testimonials from individuals present at the site, expert witnesses (like doctors or accident re-constructionists), and so on.
The defendant's legal also has the chance to cross-examine the witnesses your attorney presents. He/she may also present their own witnesses to refute your claim of damages. Rebuttal gives your attorney the chance to contradict the defense's arguments.
Closing Arguments: This gives both the legal practitioners the chance to 'sum up' their arguments and again stress on their respective points. This is the opportunity for your attorney to focus on how the preponderance of evidence makes it clear that there is a causation relation between the action, or failure to act, and the injuries.
Jury Instruction, Deliberation and Verdict: It is the responsibility of the judge to let the jurors know about the Georgia legal statutes applicable in this particular injury case. Next, the jury deliberates on the case regarding whether the defendant is indeed liable for the injuries, and if so, how much damage recovery is just.
If the jury is capable to conclude, the foreman of the jury informs the judge about this. The judge announces the verdict in open court. However, if there is no such possibility, the judge may declare a mistrial, and a retrial, in whole or in part. If the trial does not provide you damage recovery, you may file an appeal.
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