Most automobile accident claims are settled out of court, in some cases a law suit will not even be filed. However, there are times when the best efforts to resolve the issue are unsuccessful and the only solution is to go to court and have the case tried.
A trial is a civil proceeding; it is the culmination of all the legal proceedings in a lawsuit where personal injury is involved. During the trial your automobile accident lawyer in Chicago area has an opportunity to present all the evidence that is necessary to support your claim for compensation, the evidence is presented to the judge and jury hearing the case. A car accident case may not involve a jury, in many states the claimant actually must request a jury trial when the case is initiated, otherwise the case will be heard by a judge alone.
The evidence:
During the trial your automobile accident lawyer in Chicago as well as the lawyer for the defendant will be given an opportunity to present their evidence. It is the responsibility of the plaintiff to prove the case by what is called “a preponderance of evidence.” In the case of an automobile accident the evidence needs to be sufficient to convince the judge or jury that the defendant was negligent and it was this negligence that caused the accident in which you suffered injury and property damage.
To support this claim the plaintiff will provide evidence in the form of testimony, this can be from the plaintiff or witnesses to the accident or anyone else including the police. The plaintiff can produce documentary evidence to prove the extent of the injuries sustained and the damages. The evidence can be medical bills, estimates from repair shops, pictures taken at the scene or witness depositions.
Once the plaintiff has completed giving testimony the defense has an opportunity to cross examine the plaintiff as well as the witnesses. The plaintiff’s attorney has the right of objection, it is the judge that will either sustain or overrule the objection.
After cross examination has been completed the defendant is given a chance to present his or her evidence to dispute the claim. Often the defendant attempts to get the judge to see that the plaintiff shares the fault as well, perhaps the defendant will call expert witnesses to dispute the seriousness of the purported injuries.
Once both sides have presented their cases to the judge, the sides are given the opportunity to put forward closing arguments after which the judge makes the decision.
