//Motorcycle Accident Lawsuit: Trials

Motorcycle Accident Lawsuit: Trials

If your motorcycle accident lawsuit goes to trial, this is your opportunity to present your evidence and let the judge and jury know why you are entitled to damage compensation. Normally, the defendant will try to rebuke your argument and explain why he or she is not at fault. After you and the defendant have presented your sides of the case, a jury will deliberate and decide based on each party’s evidence and arguments.

 

In most personal injury lawsuit trials, there are several phases that go on before the trial is complete:

 

Jury Selection: Before beginning trial, a jury must be chosen to hear a case. This is usually done by a judge who will ask each potential juror a set of questions to determine their eligibility. During this time, you have the right to oppose any jury member if you think they will make biased decisions regarding your lawsuit. Your motorcycle accident attorney can provide you with the pertinent details of jury selection as it varies depending upon the case details.

Opening Statements for Both Parties: Once the selection of the jury is complete, the trial is ready to progress. The first step is called “opening statements,” in which your attorney and the defendant’s attorney have a chance to present their statements and arguments for the case.

Witnesses and Cross Examination: After both sides have completed their opening statements and presented their arguments, the trial enters a stage in which evidence is presented, typically through documents, medical reports, and witnesses. When a witness is sworn in, he or she is legally obligated to tell the truth of how the events occurred. Under direct examination, your attorney will ask the witness to recall the event by answering questions that will strengthen the testimony. However, the other party’s attorney then has a chance to cross-examine the witness, and they will try to diminish witness credibility and find inconsistencies.

Closing Arguments: After the evidence has been presented and the witnesses have been examined, each party’s attorney has the opportunity to give a closing argument, which is the opportunity to reiterate all of the evidence and arguments. Both sides strive to convince the jury of why their client is right and that the case should be in their favor.

Verdict: After the closing arguments are completed, the jury will deliberate and go over the details of the trial. In most states, the jury has to unanimously agree on the outcome, or the case will become a mistrial. Once the jury reaches a decision, they will return to the courtroom and announce their verdict. If they cannot decide on a unanimous decision, you’ll may have to set up a new trial. However, if the jury reaches a decision in your favor, the next step is collecting your compensation.

Source: http://www.americanbar.org/content/dam/aba/migrated/juryprojectstandards/principles.authcheckdam.pdf