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The Mechanics of a Car Accident Trial

Posted on in Personal Injury

If you get in a car accident and your lawsuit goes to trial, what will the trial be like? Auto accident trials can be complex and last for days. It’s important to have an attorney from the beginning of your claim in case the claim does go to trial. While it’s true that many car accident claims settle, accidents do go to trial if a settlement with the insurance company cannot be made.

Here is what your can expect an auto accident trial to look like:

  • Depending on the case and what you and your attorney decide, your case may be decided by a jury or only a judge. A judge-only trial is called a bench trial. If a jury will be deciding your case, your trial will start with jury selection.
  • Once the jury is selected and sworn in, the accident victim's lawyer will call upon witnesses and enter evidence into the record. This testimony and evidence should prove what is required under California law for an accident victim to recover money damages.
  • One such witness would be an accident reconstruction expert. This witness will explain how the accident occurred based on physical evidence like where the damage happened on your car and where the cars ended up at the accident scene.
  • Another expert witness would be a doctor who is familiar with your injuries and treatment. Many times multiple medical experts will be called.
  • Your spouse or other family members may be called to testify to how the injuries you sustained have affected your day-to-day life.
  • Depending on the extent of your injuries, your lawyer may call an economist to testify to how the accident has affected your employment opportunities in the future.
  • Once you have called all your witnesses to testify, the insurance company of the driver you were in the car accident with will call their witnesses to testify. These will include many of the same types of experts called by you, but they will likely testify that in their expert opinion, you were either at fault or partially at fault, and/or that your injuries are not as extensive as presented.

Once all witnesses have been called and all evidence introduced, the jury will deliberate, or the judge will rule or adjourn the court and make his or her decision later.

As an accident victim, you should choose an attorney who can bring a case to trial and prove your case through witnesses and expert witnesses. The San Jose car accident attorneys at Jachimowicz Law Group have helped many accident victims get the compensation they are entitled to under the law. Contact us today by calling us at 408-246-5500 or filling out our online form for a free consultation.

Source:

http://www.dmv.org/accident-guide/guide-to-personal-injury-cases.php

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