If you or a loved one has been involved in a car accident, there is a big chance that the case will be brought to court. Car accidents go to court when both sides can’t come to an agreement and the victim files a formal complaint with the court system. This complaint initiates the legal process. During the legal process, both sides must present their claim or defense and a judge or jury decides if damages must be paid. Once a verdict has been reached, the case is over. In this article, we will educate you about what happens if your car accident goes to court.
Burden of Proof
The victim, also known as the plaintiff, must prove that wrongdoing occurred due to the actions of the defendant. This responsibility is known as the burden of proof. The plaintiff must present their evidence of wrongdoing and testimony to the judge or jury. They must first present a convincing argument in their opening statement and carry it all the way through to closing statements. After the plaintiff, the defense is allowed to present their claims of innocence or wrongdoing to the judge or jury. They too must offer opening and closing statements.
Who Determines the Verdict
When a judge is given the authority to reach a verdict, it is called a bench trial. Cases in which juries decide the outcome are called jury trials. If the plaintiff wants a jury trial, they must request one in their formal complaint. The main difference between bench and jury trials is that bench trials are determined by one person while a jury is made up of multiple people. Another factor to consider is that a judge is a legal professional that will look at the facts of the case. Juries are made up of regular citizens who will use emotion and personal experience in addition to facts to make a judgment.
Anything that has to do with the car accident can be used as evidence. This includes witness testimony, police reports, medical records, medical bills, testimony from medical professional, photographs of damage, and testimony from the plaintiff. The plaintiff is the most valuable part of the process because they were present at the accident and they suffered injury or vehicular damage. The defense can use these same things to prove their innocence or show comparative or contributory negligence from the plaintiff.
Your Car Accident Case
Mitch Grissim and Associates are a team of Nashville lawyers that have decades of experience in personal injury litigation. They will help guide you through the trial process with their skill and expertise. If you or a loved one is going through a car accident dispute that is headed to trial, call Mitch Grissim and Associates today. We will get you the justice you deserve. Our track record shows numerous awards and recognition due to our outstanding service and testimonials. Contact Mitch Grissim and Associates to day to get started.