When you get into a road accident, your Salem Oregon personal injury lawyer will try their best to reach a settlement, but they might have to take matters to court as both parties may not agree on an amount. When you decide to take your case to court, it goes into a litigation process.
Various things occur in the litigation process. You must educate yourself about what happens in court to prepare yourself.
Parties involved in a settlement trial
A party in a trial is someone who has something at stake. The two parties involved in a trial are the plaintiff (the person who files the complaint) and the defendant (the person opposing the plaintiff). Other than that, there may be witnesses from each party’s side, attorneys, and a judge before whom the trial will take place.
Jury verdict process
The plaintiff first files a complaint and sends it to the defendant, seeking to prove their allegations. The defendant may oppose or reject their claims and may have their own counterclaims against the plaintiff as well.
Before the jury verdict process begins, jury selection is made by randomly selecting a panel of jurors. They are asked several questions to determine who is qualified to serve on the jury. Once the jury is established, a trial date will be scheduled. You and your attorney have the time to collect evidence and witnesses to support your case until the trial.
On the trial day, both the parties, the plaintiff and the defense, give their opening statements. The plaintiff has the burden of proof. They are the first to give their opening statement. Both the parties present their arguments and evidence. One party may see a fault in the other party’s evidence or claim and point it out. Evidence may include the following.
- Medical reports
- Witnesses
- Police reports
- Photos or diagrams
- Medical experts
In the end, they give a closing statement. Here, the roles are reversed as the defendant gets to give their statement first. After hearing the closing statements from both the parties, the judge and the jury leave the courtroom for deliberation. Producing an outcome may take a few hours to multiple days.
The jury decides which party was at fault and how much compensation the plaintiff should be awarded for medical bills, lost wages, pain, and suffering, etc. The jury delivers their decision to the judge, who then announces it on the day of the next scheduled trial.
Why is the closing statement so important?
Presenting a strong closing statement is very important because it is the last thing the judge and the jury will hear before the trial ends. This is why this opportunity is given to the plaintiff.
