Most injury claims are resolved before reaching the courts. However, if your issue is difficult to resolve, a trial may be necessary to iron out the intricacies of your case. Every personal injury case is unique, but you may expect to find similar legal issues if you decide to bring a personal injury lawsuit.
Some people may think of coming to court as daunting and frightening because the result isn’t always certain. However, an experienced attorney from oklahomalawyer.com and others is your best chance to get the compensation you deserve.
What You Need Before Filing A Complaint
Before you file a complaint, ensure that you receive medical treatment. If you’re severely wounded, go to the hospital immediately. If not, you should still visit a physician for a checkup. You need medical care for your health, but at the same time, you need medical treatment to record the damages if you suffer a personal injury.
Aside from medical records, pieces of evidence your lawyer may need include police records, accident photographs, statements of the witnesses, and expert testimony.
Personal Injury Lawsuit 101
A personal injury lawsuit may be brought in a court with jurisdiction over the case. This could be the district court where the harm happened or the court where you or the other party lives. Although a proceeding must be brought within two years after the injury occurs, the exception is it may also be filed within two years of the injury. For example, you may not be aware of the damage until later in a medical malpractice claim.
Note that a lawsuit must be filed within strict time restrictions. Every state has established legislation called a limitation statute. Typically, a complete personal injury trial comprises of six major stages, each of which is further detailed below:
1. Choosing A Jury
The Constitution guarantees the right to a jury trial for a serious criminal charge. After careful examination of the evidence and deliberation, a jury has to find the facts of the case.
States and counties maintain citizens’ lists for possible selection of juries. The lists include information from the motor vehicle department, electoral registrations, telephone books, and other sources that list potential jurors’ names. Names are drawn randomly from the compilation.
2. Opening Statements
The opening statement gives the initial impression of the case and influences the jury’s perceptions. Because the complainant must show the legal responsibility of the plaintiff for harm, the opening statement is crucial. It’s frequently more comprehensive than the defendant’s statement.
3. Witness Testimony And Cross-Examination
If you’re injured in a personal injury accident, you want to do everything you can to establish your case efficiently. Witness testimony is one of the most powerful kinds of evidence in an injury lawsuit. A witness who looks at what occurs in an accident may be of great assistance in establishing your case theory and obtaining the money you deserve.
4. Closing Arguments
At the end of the trial, the injury lawyer must persuade the jury that the wounded complainant is entitled to win and money damages are to be given. While each trial is subject to differing circumstances and injuries, certain fundamental concepts apply to all closing arguments in personal injury instances.
5. Jury Instruction
This is where the judge educates the jury on the applicable legal principles agreed upon, including the findings necessary to reach specific conclusions. The personal injury lawyer will use the jury instructions to lay out and clarify the components of your claim. For most jurors, this will be the first time they’re asked to assess responsibility and award damages to a plaintiff.
6. Jury Deliberation And Verdict
The jury’s first chance to consider the case is during deliberation. This systematic process may take from a few hours to many weeks. Once the jury has reached a judgment, the jury notifies the judge, who often announces the verdict in open court.
This is where the jury will decide if the defendant was negligent, if the plaintiff was injured, and whether the defendant’s carelessness had a significant role in producing the plaintiff’s suffering.
A personal injury lawyer is critical in every personal injury lawsuit. While many incidents are covered by insurance, insurers are often reluctant to pay claims and frequently attempt to minimize the payment in any manner possible. Thus, by hiring an experienced lawyer, you’d be enlightened as to how you’ll go when your injury case goes to a court trial and get compensated for your injury. Consider the ideas mentioned here as you navigate through your situation.