What should you expect, if the 2 sides of a car accident-related dispute have failed to agree on settlement terms? Should you agree to meet the other side in a courtroom?
Basic facts about car accident trials
The trial takes place after the filing of a personal injury complaint, as a step towards pursuit of a lawsuit. Until you, or your lawyer have filed such a complaint, no trail can take place. Trials provide both sides with a chance to present evidence and witness’ testimony. When both parties and their injury lawyers in Cambridge are in the courtroom, their presentations could be heard by a judge, or by a judge and jury.
Plaintiff’s role at court
The plaintiff must prove the case by a preponderance of the evidence. In addition, the plaintiff must prove that the defendant’s actions featured the presence of all the elements of negligence.
When giving testimony, plaintiffs have a chance to explain the effect of their injuries.
Defendant’s role at court
The defendant has the right to object to certain evidence. The judge rules on each objection, and either sustains or overrules the same objection.
The lawyer’s for the defendant might allege that the plaintiff was partly at-fault. Alternatively, the same lawyers might allege that the plaintiff’s injuries were not as serious as had been suggested.
—In a courtroom, any allegations from the defendant’s defense team would have to offer the same level of proof that had been required of the plaintiff’s attorney.
—The plaintiff’s attorney would also have the right to object to any of the evidence presented by that same defense team.
Determination of outcome, in court
If a jury has heard the testimonies and seen the evidence, 3/4 of the jury must agree on a verdict.
Both sides have the right to appeal any decision
How a plaintiff might benefit from the decision to pursue a lawsuit
The plaintiff’s lawyer could challenge the allegations that had been made by the defendant’s team of lawyers.
The plaintiff could object to evidence presented by that same team. If the judge were to sustain the objection, then that would weaken the defendant’s case.
The plaintiff’s lawyer could try to emphasize the effects of the injuries on his/her client. Some lawyers arrange for presentation of a video, showing the challenges that the client/plaintiff must meet each day.
After the reading of the verdict, or the judge’s decision, the plaintiff’s attorney would be able to appeal that decision. That particular action could not be taken, following agreement on settlement terms.
Following such an agreement, both sides are expected to satisfy those same terms. Moreover, the plaintiff must sign a release form, freeing the insurance company of any further responsibilities.
