What Happens at a Personal Injury Trial?

personal injury trial

If you have been injured in an accident, chances are, you will never have to see the inside of a courtroom. Most personal injury claims are settled well before the need to file a lawsuit ever arises. This does not, however, mean that there will not be red tape, delays, and frustrations in order to get a settlement for the compensation you deserve for your injuries and other harm suffered as a result of an accident caused by someone else. The road to settlement can often feel like an uphill battle. This is just one reason why it can be a good idea to retain a knowledgeable personal injury attorney.

Your attorney will submit a demand letter to the insurance company asking to settle the claim for a certain amount. That amount will be based on the damages you have sustained and will continue to incur as a result of the accident. The letter will include details of the accident, your injuries, and your damages, both past, present, and projected. Upon receipt and processing of the demand letter package, the insurance company will either accept the settlement offer, reject the claim altogether, or, most commonly, make a counteroffer. With some back and forth, a settlement agreement is usually in reach. Sometimes, however, an insurance company will refuse to accept the validity of the claim or continually offer such sub-par settlement amounts that filing a lawsuit may be necessary. If your claim is on the way to a lawsuit, you will want to know some of what the future looks like for you and your claim.

What Happens at a Personal Injury Trial?

While there is an often long road to travel before a personal injury trial ever occurs, when the time actually arrives, it may not be like you pictured it. Courtroom dramas on TV have skewed public perception of what goes on within courthouse walls. Usually, it is much longer and more drawn out than people would have imagined. At a personal injury trial, both parties are given the opportunity to present their case and responded to assertions raised by the other side.

On the plaintiff’s side is the injured party. On the defense side is the person responsible for causing the accident. In most cases, however, the defense side is the insurance company for the person responsible for causing the accident.

As part of presenting their case, both sides will present evidence to the court regarding what happened in the accident and the results of the accident. Medical records and bills will be submitted. Expert testimony and witness testimony will be given. Witnesses will also be subject to cross-examination by the other side’s attorney. After all evidence has been presented, both sides will rest and the judge or jury will be tasked with determining the outcome of the case. The judge or jury will render a verdict as to who was responsible for causing the accident, whether insurance coverage applied to the accident, and what damages were sustained by the plaintiff as a result of the accident.

Personal Injury Attorneys

Being placed in the legal system can feel like being placed in a foreign land. It can be stressful, to say the least. That is why Dickman Law is here to fight for the injured. You have already been through so much. Let us take up the legal fight for you. Contact us today.

Posted in: Car Accidents