What Happens in a Personal Injury Court?

Posted October 16th, 2020 by .

Categories: Uncategorized.

what happens in a personal injury court | anthony carbone law

A good number of personal injury cases are resolved without a trial. Standard resolution processes include negotiation, arbitration, and mediation. Sometimes, however, litigation is necessary to reach a fair settlement. It is a common option where the insurance company offers less compensation that the case is worth or none at all.

If you have decided to pursue a lawsuit, you may have questions about the litigation process. The following is an overview of what happens in a personal injury court.

Have you been injured in an accident caused by someone’s negligence? A Jersey City Personal Injury Lawyer can help you seek compensation for your losses. 

Pre-Trial Processes

No one personal injury lawsuit is similar to the next. However, most of them follow a standard litigation process. The defendant and the plaintiff will be required to prepare for trial. As the plaintiff, you will be required to prepare and file court forms for the lawsuit. This duty is best handled by your attorney.

Once your attorney files a lawsuit, they will serve the defendant, who will file a response. Both parties will then begin the discovery phase. This is where each side learns as much as possible about the strengths and weaknesses of the case.

Your attorney and the insurance company might agree on mediation. If mediation is successful, your case will not go to trial. If not, you will have 90 days to prepare for court.

The Trial

Your case will move to a personal injury court if both parties fail to reach a settlement. While every case is different, you can generally expect the following stages: 

  •   Jury Selection

Unless your case is to be heard before a judge only, the first step is jury selection. The judge and attorneys will interview several potential jurors. The judge can dismiss a juror is they are found incapable of impartiality. Attorneys can also exclude a set number of jurors for any reason.

  •       Opening Statements

Once the jury is set, each attorney will open with a summary of the arguments they plan to present during the case. Your attorney will lay out the facts of your accident and the defendant’s alleged role in it. No witness statements or physical evidence is used. 

  •       Witness Testimony and Cross-Examination

Next, attorneys from each side will present key evidence and call witnesses to testify. This is the main stage of a trial. Your attorney will try to prove that the defendant is legally responsible for your accident and the resulting losses.

  •   Closing Statements

This is a summation of all the arguments presented.

  •       Jury Deliberation and Verdict

Finally, the judge will instruct the jury on legal decision-making standards. He/she will then allow the jury to leave, deliberate, and return a verdict.

Talk to a Jersey City Personal Injury Lawyer Today

Although most cases solve out of court, it is not uncommon for a personal injury case to go to trial. The ensuing process can be complex and difficult to navigate on your own. This is why you need a Jersey City Personal Injury Lawyer by your side.

Attorney Anthony Carbone understands the workings of the personal injury court. If your case needs to go to trial, he can guide you through the entire process from filing a lawsuit to verdict delivery. Contact him today online or call the Law Offices of Anthony Carbone to schedule a consultation.

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