During a personal injury trial, the presiding judge and/or jury examine the evidence presented in the case to determine whether the defendant is liable for the plaintiff’s injuries. This type of trial provides the plaintiff with an opportunity to argue their case and hopefully obtain a judgment against the defendant. The trial also gives the at-fault party a chance to refute the victims claim and to submit their own evidence related to the case. A personal injury trial is comprised of 6 phases including:
• Selection of Jury– one of the primary stages of a personal injury trial is the selection of the jury. During this stage, the judge, the attorneys for the defendant and plaintiff, and the defendant and plaintiff themselves ask the potential jurors specific questions that pertain to the case. Based on their responses, the judge may excuse them.
• Opening statements from each attorney – the first dialogue of the trial involves the opening statements from both party’s attorneys. The plaintiff’s attorney presents the facts surrounding the accident and the alleged role of the defendant in the event. The defendant’s attorney provides their interpretation of the facts and sets up the rebuttal to the plaintiff’s evidence.
• Witnesses’ testimonies and cross-examinations – this is the stage of the trial where evidence and arguments are presented to the jury by both attorneys. Witnesses are called to the stand and questioned by one of the party’s attorneys after which time the attorney cross-examines them.
• Closing arguments by each attorney – the closing arguments provide each personal injury lawyer in Sydney an opportunity to sum up the case and is the and is the last chance for both parties to address the jury. The plaintiff attempts to show the jury why they should find the defendant liable while the defendant tries to refute the evidence and show that the plaintiff hasn’t established the defendant’s liability.
• Jury instruction – once both attorneys have presented the evidence for both parties and made their closing arguments, the judge provides the jury with the legal standards required to decide the outcome of the trial.
• Deliberation and verdict – at this point, the case is handed over to the jury to discuss the case and decide on a verdict through the process of “deliberation.” Once a decision has been reached, the foreperson informs the judge of their decision and the judge announces the verdict.
If you’re planning on filing a lawsuit, you should consider hiring personal injury attorney to represent you in court as most cases of this nature are often complex and require legal assistance. If you or someone has been injured and deserves compensation, finding a good and experienced team of lawyers at Brill Law becomes important. Call now!