In the last couple of entries in this series we have covered some basics of the litigation process, and information regarding Alternate Resolutions Methods which may be employed in an effort to come to a settlement. Assuming all those efforts have failed, your last arena in the resolution of your car accident dispute is civil court action.
Preparation for trial is an intense and tedious process, requiring many man-hours. where all records of your case and contacts with the defendant are copied indexed and bound in order to be retrieved quickly in court as needed. Exhibits will be prepared to show at your trial, such as the accident scene, your vehicle damage, your injuries, costs of treatment, and anything else which supports your case.
Your attorney will be discussing your case with other attorneys at our firm in order to develop a winning strategy for your case. Your attorney may even hold moot courts with other firm attorneys and practice runs of various presentations he will make in court to be prepared for any eventual question and outcome which may present itself in trial. It all comes down to this venue, and this court to decide the outcome of your claim with the insurance company.
You will need to appear each day your trial continues. As plaintiff, you will sit next to your attorney at the attorney table and should look the part. Dress well, as court is one of the few remaining formal activities in modern times, where everything including appearance count.
As opposed to Mediation and Arbitration where you are involved in the entire process, in court your attorney will take the lead, and you will only be required to speak at designated times as directed by your lawyer. Court is an adversarial atmosphere, where both sides put their all into the process to win for their particular side. The referee is the judge, making sure all participants conduct themselves with proper decorum and with respect to Rules of Civil Procedure.
The jury is who needs to be convinced. The jury has been selected with input from your attorney and the opposing attorney. They are the most important people in the room right now, and your lawyer’s opening statements will set the tone for your case, and hopefully win the jury over. The jury represents the “voice of the people” and their vote is what will grant your award or not.
Several things need to be established in court. First, the facts of the case will be presented. Second, liability of the parties will be determined. Lastly, the amount of damages will be decided.
It is possible to lose in court. If the jury is not convinced by your lawyer’s arguments, they can determine to pay little or nothing. On the other hand, they may decide to pay more than you’re asking in court if they so sympathized with your plight. The jury is your final and most important audience to your claims.
You may be called on to testify in court. As with all witnesses who testify, you will also be cross examined by the opposing lawyer. Your lawyer will work with you to prepare for potential questions which may be presented during your testimony. You will testify under oath, which means that your testimony will be subject to perjury if you don’t tell the truth.
At this conclusion of the trial, both lawyers will present their closing statements and the court will dismiss the jury to deliberate on the matter. The jury will return after they have considered the evidence and issue their ruling in the matter.
The court is the one body, who will not only come to a final decision on your case but has the legal authority to compel compliance with its decisions. The stakes are high in court, but with the guidance of a skilled attorney, you can prevail.
The Richard Harris Law Firm will take your case to trial
All of the litigation lawyers at the Richard Harris Law Firm are experienced in Personal Injury Law but are also court proficient. They’ve been through jury trials before and know how what to expect and how to argue their case in that venue. All of our litigation lawyers have won in that arena and have no hesitation in bringing their cases to court for resolution. If you’ve been injured in a Car Accident, and need legal help, call our office today at (702) 444-4444.