You’ve hired an attorney for your Charlottesville personal injury case. Now what happens? Whether it was a car accident or a dog bite, it is important to stay informed! Keep reading to find out what steps your VA attorney will take during your trial.
All motions are heard before Jury selection. Any objections or motions to exclude information from either the Plaintiff or the Defendant are decided before the trial begins
Jury selection begins. In Virginia, civil jury trials only require seven people to sit on a panel, while a criminal trial requires twelve.
Each party presents their version of what they expect the evidence to be for the trial.
First, the Plaintiff presents witnesses and evidence. Examples of this are the police officer, family, friends, experts (live or by video), and any other witnesses necessary to take the stand and, under oath, give testimony.
The Plaintiff can introduce photographs or other physical evidence through the witnesses.
The Defendant can question the Plaintiff’s witnesses at this time.
Next, the Defendant can introduce witnesses, experts and any physical evidence, such as photographs. The Plaintiff can question the Defendant’s witnesses.
The Plaintiff has the opportunity to have the last word, known as the Plaintiff’s Rebuttal. If there are any important questions that need to be answered or clarified, the Plaintiff can recall a witness that has already testified to respond to the Defendant’s witness or expert.
Final arguments are made by the Plaintiff first, and then the Defendant.
The Plaintiff has the last word again, in the Plaintiff’s Rebuttal.
The Judge will read statements of law to the jury. These are called “instructions”. The instructions are usually agreed to by both parties. They provide the jury with the legal information they need to decide the case.
The jury is taken to the deliberation room and is able to discuss the evidence and decide on a verdict. When the jury reaches a decision, the Verdict, it is presented to the Court, known as the findings.
Understanding what happens during a Charlottesville personal injury trial is only part of the picture. A variety of outside factors also shape the outcome of your case. From the strength of the evidence and credibility of witnesses to the severity of your injuries and even how clearly fault can be established, many elements can influence how your case unfolds. Let’s take a closer look at the key factors that can affect the results of your Charlottesville personal injury case.
One of the hardest questions for me to answer is when a new client asks me what the value of their case is. This is a very difficult to do in the beginning of a case because I would only be guessing. There are many factors that go into figuring out what the value of the case is. If you have been injured in an accident in Charlottesville, the following factors may weigh heaviest on the outcome of the value of your case.
It only makes sense that this is one of the most important factors in a case; how bad are you hurt. If your injuries were very significant and required surgery as opposed to a sprain or strain that healed in six weeks it would be an obvious difference in value.
Also consider these factors: the amount of medical bills, the length of your treatment, how long it took you to recover, and whether or not surgery was required.
Liability simply means, who was at fault for the collision. If your case involves an accident at an intersection controlled by a traffic light and both drivers say their light was green then there is some likelihood that you can lose a trial. This would diminish the settlement value of the case.
If, on the other hand, you were stopped at a stoplight and were rear-ended and were a passenger in the vehicle then the liability issue would not affect the value of your case.
Unfortunately, we have to take into account how much insurance coverage there is available when determining the value of a case. Insurance coverage refers not only to the insurance that was available on the defendant’s car but also on the injured party’s car. Often times the defendant driver does not have enough insurance coverage and we must then look to the injured party’s policy to see if they have under insured motorist coverage.
While the insurance should not affect the value of the case from a practical standpoint, it is very important. If you go to trial and get a verdict for more that the insurance coverage you have an unsecured debt against the defendant. The problem with non-secure debt against an individual is that it is almost always hard to collect. Sometimes, defendants will even file bankruptcy.
If the injuries you have from an automobile accident are the same or very similar to any condition that you had prior to the accident, the value of our case will likely be diminished depending on how long it was before you were treated prior to the accident for these injuries. Insurance companies will likely be able to find a doctor that relates much of your problem to the pre-existing problem.
Even if your doctor supports you in relating your treatment and injury to the accident and not the pre-existing problem, it can often be hard to persuade a jury that a new injury has nothing to do with old injury.
Whenever the defense attorney blows up a photograph of a car and displays it to a jury and shows very minimal or no damage to the vehicle, it can be very persuasive to the jury that it is unlikely that a significant injury came from the accident. Often, we argue that we are not there about the property damage and that just because there is no damage to the car, it does not mean that there is little injury to the body of a passenger in the vehicle. However, insurance companies and sometimes jurors find it hard to believe that significant injuries come from a minor property damage accident.
By the time most clients come to me, they are already treating with a doctor and may have already had surgery performed. While often times it is clear that an injury was a result of a car accident, there are many times that is not clear. For example, if a patient has a history of back problems that did not require surgery but then was involved in an automobile accident and then required back surgery, it can be difficult to prove whether or not the accident caused the need for surgery.
In order to figure this out we mostly have to rely on the treating physician. If the physician support states that the surgery was related to the accident then we can claim it. If the physician does not, then it can be very difficult to relate the surgery to the accident.
Understanding the factors that influence your Charlottesville personal injury case is essential to protecting your rights and maximizing your recovery. While we’ve covered several important considerations, every case is unique and requires careful attention to detail. If you’ve been injured in an accident, get an experienced Charlottesville personal injury lawyer to discuss your situation, evaluate your options, and ensure you receive the compensation you deserve. Call Warren Law Firm today!
