Your case has been going on for four to seven years there’s been lots of discussion of settlement from both sides but neither have agreed on what your claim is worth. So now you’re heading to a trial.
You’ve seen it on tv and read it in the books, but what exactly does that mean? My name is Kanon Clifford and I’m a lawyer with Bergeron Clifford Injury Lawyers. Today I’m answering your question in relation to injury law. What happens when a case goes to trial?
If a case cannot be settled outside of court then it’s decided by a judge or a jury at trial depending on what court your matter was brought in. Your case could last a few days to a matter of weeks if your case is in small claims court it may only take a day or two. If the case was brought in simplified procedures this could last up to five days. In cases involving serious personal injury and cases brought in a superior court a trial can last a number of weeks. Some cases have judge alone and some have juries this is determined by the court you brought your matter before, and if a jury notice has been filed by the plaintiff for defendants. In either case during the trial, a judge or jury examines the evidence to decide whether the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff and or how much money the plaintiff should be awarded.
At trial evidence is presented to the court by witness testimony and cross-examination. Friends, family members, employees and employers of the injured person may also testify as witnesses to help the court understand the impact that injury has had on the plaintiff you might also hear from family physicians treating doctors and rehabilitation professionals who may testify on the mechanics and the lasting effects of the injury. Usually a number of other expert witnesses will also typically testify in order to assist the court in understanding the nature of the injuries and to explain the economic losses that flow from those injuries. Each witness that is called is open to cross-examination by the other side that did not call that witness cross-examination is a form of interrogation used to discredit the witness or expert most cases settle before trial.
However in order to obtain a fair settlement it is necessary to have every case prepared for trial. As personal injury lawyers we’re constantly thinking about how to persuasively present your case at trial. You want a personal injury lawyer who prepares every case for trial from the day you are retained to be their client. A good injury lawyer will ensure that you are seen by medical experts who will be able to clearly and convincingly explain your injuries and impairments to the court they will also ensure that all your medical employment and other records are prepared accordingly for your trial if your case does proceed to trial you should expect your lawyer to spend a profuse amount of time with you and your witnesses to prepare thank you for your question this week and remember to like and subscribe to stay on top of our latest personal injury and medical malpractice updates and as always if you have any questions please leave them in the comments below.