Only a small percentage of personal injury claims advance to the point where the disputing parties meet in a courtroom setting. In view of that fact, it seems logical to study the significance of that court-located event, which is called a trial.
The trial gives to each side a new opportunity to be heard.
The plaintiff has a chance to argue his or her case, with the help of a personal injury lawyer in Sherwood Park with any eye towards winning a fair compensation. The defendant has a chance to refute the plaintiff’s argument.
Every trial that progresses to completion has 6 phases
Phase #1: Jury selection
Phase #2: Opening statements from each party’s attorney
Phase #3: Testimony from witnesses, followed by a cross-examination. This can include the presentation of charts or other types of physical evidence. The lawyer would then question the witness about the presented evidence.
Ending phases: (4) closing arguments from each party’s lawyer. Each attorney argues that the presented evidence supports a verdict in favor of the arguing attorney’s client.
(5) Jury instructions from the judge
(6) Jury’s deliberation
Possible outcomes to follow the jury’s deliberation
Usually that leads to a reading of the verdict. The verdict answers this question: Was the defendant liable for the plaintiff’s damages? If the answer is yes, then to what extent is the plaintiff liable. Does the plaintiff share a portion of the liability?
If the jury did not come to a unanimous decision, it is declared deadlocked, and there is no verdict.
Does the end of a trial mean the ending of a given personal injury case?
That is not always the case. If one side is unhappy with the verdict, it has the right to seek an appeal. If it is granted an appeal, then there is another trial.
Does the plaintiff always receive the awarded compensation package?
The plaintiff has no guarantee that he or she will receive that awarded package. The money must come from the defendant’s insurance company. That same company could seek an appeal. If it were to win that appeal, the plaintiff might receive a lower compensation, or even no compensation.
Depending on the size of the award, the plaintiff’s hope for receiving that awarded money could depend on the financial health of the insurance company. If that particular company does not have the ability to raise the requested funds, then the plaintiff does not receive his or her reward.
If the plaintiff does not receive any money, then the plaintiff’s lawyer never gets his or her expected fee.
What sort of event could keep a trial from progressing to conclusion?
Both sides have the right to settle at any point. If they did reach a settlement, the trial would come to an early end. There could be a mistrial.