What happens at a personal injury trial?
In a personal injury trial , a judge or jury examines the evidence to decide whether, by a “preponderance of the evidence,” the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff.
What qualifies as a personal injury?
A personal injury is an injury suffered by a person to his or her body, mind and emotions and is usually due to someone else’s negligence or carelessness. This also includes wrongful death or situations where the injuries prove fatal.
What should I expect in a trial?
The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial , the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).
How long does it take to settle a personal injury case?
It is rare for a personal injury claim to be resolved in a short amount of time. It is much more common to see a longer time-frame, particularly when certain factors are present. Often, personal injury claims take around eight months to a year, but this is only an average and will not reflect everyone’s experience.
How can I prove my pain and suffering?
Some documents your lawyer may use to prove that your pain and suffering exist include: Medical bills. Medical records. Medical prognosis. Expert testimony. Pictures of your injuries. Psychiatric records.
Why do personal injury cases go to trial?
Reasons Your Case May Go to Trial The defendant’s insurance company believes they will win the case , so they offer a very low settlement or none. The insurance company doesn’t want to set a precedence for settling your type of personal injury lawsuit .
What are the 3 types of damages?
The three types of damages that form the foundation of most civil lawsuits are compensatory, nominal, and punitive.
What is included in a bodily injury claim?
If you cause a car accident that injures another person, bodily injury liability coverage helps pay for their medical expenses and lost income as a result of their injuries . This coverage may also help pay for your legal fees if you’re taken to court over an accident .
What does a personal injury claim cover?
The Alberta Government has enacted legislation that “caps” or limits damages payable for pain and suffering to a maximum of $4,000 for strains, sprains and whiplash-related injuries suffered in a motor vehicle accident .
Is it better to take a plea or go to trial?
Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial . This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.
Is it better to plead guilty or go to trial?
Pleading guilty allows a criminal defendant to resolve a case more quickly and avoid the uncertainty of a trial . Juries can be unpredictable and more evidence may be uncovered by the prosecution; a guilty plea avoids this uncertainty. Trials can be very expensive.
What happens the first day of trial?
On the first day of trial the prosecutor and I will meet with the judge in her chambers. We usually discuss logistics of the trial , like how many witnesses each side will call and when those witnesses are expected to testify. The judge will often make a final attempt to resolve the case through a plea bargain.
What is the process for a personal injury claim?
Steps to Make a Personal Injury Claim Step 1: Report and notify about the accident and the injury sustained. Step 2: Seek the advice of your Doctor. Step 3: Lodge a claim . Step 4: Seek legal advice. Step 5: Receive necessary medical treatment. Step 6: Settlement.
Why do lawyers drag out cases?
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney , who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
How much does Progressive insurance pay for bodily injury?
Bodily injury per person: $25,000 is the maximum amount your insurance company will pay out for injuries per person. Bodily injury per accident: $50,000 is the maximum amount your insurer will pay out for injuries per accident.