What Happens When A Car Accident Goes To Trial

Negotiating With You Insurer

When a car accident occurs, it is common for the injured party, through their attorney, to negotiate a settlement with the insurance company that covered the event. Under most circumstances, the settlement is reached and the case is closed before it ever goes to trial. However, there are times when a settlement cannot be reached and the case goes to trial.

What Is A Trial?

A trial is a civil proceeding that takes place in a courtroom before a judge and with or without a jury. The judge must have the authority to hear the type of case involved so that they can issue a final ruling. A car accident case can be held in a “bench trial,” which means that only a judge hears the evidence and rules on the case or it can be brought before a jury.

What Evidence Is Presented At A Tiral

When a car accident goes to trial, it is the duty of the Plaintiff (injured party) to prove that the Defendant (opposing party) was negligent and caused the accident that resulted in the injuries. The Plaintiff may present all types of evidence to show fault, including accident reconstruction information, photos, or other proof. The Plaintiff may even present witnesses to the event.

In addition to proving fault, the Plaintiff will also show proof of the injuries. This will include medical bills and information medical records, and expert testimony from medical experts. The Plaintiff may also present other forms of evidence to show losses they have incurred as a result of the accident and injuries.

The Defendants will also have the right to cross-examine the information and witnesses and provide their own information to the court. They attorney for the Plaintiff will also have the ability to cross-examine any information presented by the defense.

Once both sides have presented their case, they will make their Final Argument before the judge and jury if one is in place for the trial. Once their arguments have been heard, it will be up to the judge and/or jury to decide the facts of the case.

Jury Deliberations And Their Verdict

If the case is held in front of a jury, the judge will instruct the jury on what they must decide. The judge will tell them what question needs to be answered, such as “Who is at fault,” and what evidence they can use to make their decision. Once they have received their instructions, the jury will move to a separate room and debate among themselves until they have a verdict. Once they have reached their decision they will return to the courtroom and tell the judge their decision.

If the case is held in front of a judge alone, the judge will retire to their chambers to review the information and return with their verdict.

Final Judgment

Once the verdict is reached by a jury or the judge, a final ruling is made. The judge will announce to the court and all participants in the case what the court has decided. Once the final judgement has been passed, both parties must adhere to the findings of the court.;