If you are in the process of working with a personal injury lawyer in Knoxville, your thoughts may have already started to wander ahead to the courtroom! If you have never been involved in a trial before, it can be a daunting prospect. However, a good personal injury lawyer in Knoxville should talk you through what will happen so that you have some idea of what lies ahead. With that in mind, let’s talk about what you can expect from the various different stages of a personal injury trial.
What is a Personal Injury Trial?
In simple terms, a personal injury trial is where a judge and/or a jury examines the evidence presented by your personal injury lawyer in Knoxville in order to decide if the defendant is legally responsible for any injuries and losses the plaintiff has suffered.
Stage 1: Jury Selection
Not every personal injury lawsuit requires a jury. If your personal injury lawyer in Knoxville has told you it will be a bench trial, that means that the trial is going to be overseen by only a judge. However, if the case is going to be heard by a jury, the first stage in the trial will be jury selection. The attorneys on both sides will be allowed to question potential jurors to determine if they seem able to make a fair judgment without any bias before a final jury is selected.
Stage 2: Opening Statements
Your personal injury lawyer in Knoxville and the defendant's attorney will both be invited to share an opening statement with the assembled jury. During their opening statement, your personal injury lawyer in Knoxville should aim to demonstrate that the defendant’s actions caused your injury and any related damages. They will give an overview of the evidence they intend to present to support this claim. The opposing attorney will then offer their rebuttal in their own opening statement.
Stage 3: Witness Testimony
As the trial moves into witness testimony, both attorneys can call their witnesses to the stand. This may include people who witnessed the accident, family members, law enforcement, or expert witnesses such as doctors or accident reconstruction techs. During these witness testimonies, the jury is likely to be shown a variety of evidence, including images, documentation, diagrams, and other available evidence. Both your personal injury lawyer in Knoxville and the defendant’s attorney are able to call witnesses.
Stage 4: Cross Examination
After the witnesses have given their testimony, the cross-examination process can begin. This is where the opposing lawyer is going to ask the witness questions, usually in an attempt to discredit or cast doubt on the evidence they have provided. Following this cross-examination, the side who originally called to witness is allowed to ask any follow-up questions.
Stage 5: Closing Arguments
When all of the evidence has been presented, and the cross-examination is complete, your personal injury lawyer in Knoxville will make their closing argument to summarize the evidence, demonstrating why it supports your case and why the jury should find in your favor. At this point, no new evidence can be presented. The defendant’s lawyer also gets a closing argument, which is likely to be a rebuttal of your attorney’s argument.
Stage 6: Instructions to the Jury
Before releasing the jury to make their decisions, the judge will take some time to present their instructions to the jury. They will explain the legal framework for the verdict, and if necessary, they may give definitions and limitations relating to the case. The judge will also use this time to explain what the jury must decide regarding the verdict and any compensation they wish to award. The instructions are usually in-depth and may last for around 30 minutes.
Stage 7: Jury Deliberation
The jury will be taken into a designated room where they will consider the case and the evidence that has been prevented. They must come to an agreement in order to determine if the defendant was in fact, responsible for the plaintiff’s injuries. If they decide that they were, they will also need to discuss appropriate compensation for the plaintiff. Deliberation can take anything from a few hours to a few days, depending on how complex the case is.
Stage 8: Announcing the Verdict
Once the jury has come to a decision, their foreperson will inform the bailiff, who will notify the attorneys, and all parties will return to the courtroom. The foreperson hands a written verdict to the bailiff, who passes it to the clerk and then the judge. The judge will confirm the verdict with the jury and then announce the verdict. If the compensation has also been determined, then the judge will announce this at the same time.
This should give you a basic outline of what to expect in a personal injury trial, but every courtroom and case is unique, so there may be some differences. If you have any questions or concerns regarding your trial, your personal injury lawyer in Knoxville should be able to answer them for you.
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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
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