In a personal injury lawsuit, going to trial may be the best option if you and the other party can’t agree to settlement negotiations. If your case goes to trial, you should do a few things to ensure that you are prepared. This blog will discuss five things you should do if your personal injury claim goes to trial.
What Is a Personal Injury Claim Trial?
A personal injury claim trial is a court proceeding in which a plaintiff—the injured party—seeks compensation from the defendant for damages sustained in an accident. The personal injury case will tire if the parties can’t settle through negotiation or mediation.
Both sides will present their evidence and arguments to the judge or jury at trial. The plaintiff will try to prove that the defendant is liable for the accident and that the damages awarded will compensate the plaintiff for the injuries sustained. The defendant may try to confirm that the plaintiff is not entitled to personal injury compensation or that the damages claimed are excessive.
After the presentation of the evidence by both parties, the judge or jury will deliberate on the case, and then they will decide.
- If the plaintiff prevails in this matter, the court will order the defendant to pay any damages awarded to the winning party (the plaintiff).
- If the verdict in a personal injury claim trial is in favour of the defendant, the plaintiff may be ordered to pay the costs of the trial.
- These costs can be high and may include the legal fees of the defendant, as well as any other expert witnesses that get called to testify and cross-examine.
- In some cases, the court may also order the plaintiff to pay damages to the defendant if it is found that the plaintiff’s actions led to the injury.
5 Things to Do If Your Personal Injury Claim Goes To Trial
If your personal injury claim goes to trial, you can do a few things to prepare yourself.
- First, hire a reputable personal injury attorney with experience with personal injury cases.
- Second, make sure you have all of your evidence gathered and organized. It includes medical records, police reports, witness statements, and supporting your claim.
- Third, familiarize yourself with the courtroom and the trial process. It will help you feel more comfortable on the stand and confidently give your testimony.
- Fourth, practice your testimony with your attorney. It will help you feel more prepared and ensure that your story is clear and concise.
- Fifth, be prepared for the other side to try to discredit you. The other side may try to attack your character or question your credibility. If this happens, remain calm and confident in your testimony.
It would be best to keep a few things in mind if your personal injury claim goes to trial. An accomplished personal injury lawyer is crucial to have at your side. You can navigate the legal system with the help of a personal injury lawyer, who will also see to it that your rights are upheld. Contact Garcia and Phan at (714) 586-8298 if you need help with your personal injury claim.