What Happens During a Car Accident Trial? A Step-by-Step Guide

When you’ve been involved in a car accident and decide to pursue litigation, the prospect of going to trial can be daunting. At Ehrlich & Naparstek Personal Injury Lawyers, we understand the stress and uncertainty that comes with legal proceedings. This article provides a clear, step-by-step breakdown of what to expect during a car accident trial, ensuring you’re prepared and confident as you seek justice.

The Phases of a Car Accident Trial

1. Jury Selection

  • The trial begins with jury selection, also known as voir dire. During this phase, attorneys from both sides ask potential jurors questions to determine any biases or preconceived notions that may affect their judgment.

2. Opening Statements

  • Once the jury is selected, both sides present their opening statements. Here, each attorney outlines their client’s case and what they believe the evidence will show.

3. Presentation of Evidence

  • The plaintiff’s attorney (the party bringing the suit) presents evidence first. This can include witness testimony, accident reports, medical records, and expert testimonies to establish the defendant’s liability and the extent of damages caused.

4. Defense’s Turn

  • After the plaintiff’s side rests, the defense has the opportunity to present their evidence and witnesses. Their goal is to refute the plaintiff’s claims and prove their client was not at fault, or that the damages are less severe than claimed.

 

 

5. Closing Arguments
  • Both sides make their final presentations to the jury, summarizing the evidence and attempting to solidify their arguments. This is the last chance for each lawyer to convince the jury of their client’s position.

 

6. Jury Deliberation
  • The jury retreats to deliberate on the evidence. They will determine the verdict, including whether the defendant is liable and the compensation the plaintiff should receive.

 

7. Verdict and Post-Trial Motions
  • Once the jury reaches a verdict, it is read in court. Post-trial motions can be made, including appeals if one side believes there has been a legal error.

 

8. Resolution
  • The trial concludes with the resolution, whether it’s a settlement agreed upon outside of court following the trial or the enforcement of the jury’s verdict.

Why Choose Ehrlich & Naparstek Personal Injury Lawyers?

At Ehrlich & Naparstek, we are committed to guiding you through each step of your car accident trial with professionalism and expertise. Our experienced attorneys ensure that your rights are protected and that you receive the compensation you deserve.

For more information or to schedule a consultation, contact us 24/7 at (Stuart) or (West Palm Beach). Visit our office at 1330 SE Federal Hwy, Stuart, FL 34994. Discover how we can assist you today by visiting our page.

(772) 842-8822(561) 687-1717Car Accident Representation

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Ehrlich truly exceeded my expectations. His assistance in my case was invaluable, and I can confidently say he is an outstanding lawyer. I'm extremely grateful for the time and effort he invested. Without a doubt, I wholeheartedly recommend him to anyone in need of legal counsel. Kenn Ehrlich, thank you once again for everything; I couldn't be more appreciative.

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The Ehrlich and Naparstek law firm truly stands out as exceptional. Matt and Brittany, the dynamic duo at this firm, are nothing short of outstanding. Their level of communication throughout the entire legal process was truly remarkable. I wouldn't consider entrusting my legal matters to any other team!

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Accident Types

important PERSONAL INJURY FAQ

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What is the statute of limitations for personal injury claims in Florida?

In Florida, the statute of limitations for most personal injury claims is four years from the date of the injury. This means that if you've been injured, you have four years to initiate legal proceedings. If you fail to file your lawsuit within this time frame, you may lose your right to seek compensation.

How is fault determined in Florida auto accidents?

Florida operates under a no-fault insurance system. This means that after most traffic accidents, your own insurance policy will compensate you for medical expenses and lost income, irrespective of who was at fault. However, in severe injury cases, you might be able to step outside this no-fault system and file a lawsuit against the at-fault driver.

What is Florida's comparative negligence rule?

Florida follows a pure comparative negligence rule. If you're found to be partially at fault for your injury, your compensation may be reduced by a percentage equal to your share of the blame. For instance, if you're found to be 20% at fault, you can still recover 80% of your total damages.

What damages can I recover in a personal injury lawsuit in Florida?

In Florida, you can seek compensation for both economic and non-economic damages. Economic damages include tangible costs like medical bills and lost wages, while non-economic damages cover intangibles like pain and suffering, emotional distress, and loss of enjoyment of life.

How long does it typically take to settle a personal injury case in Florida?

The duration varies based on the complexity of the case, the parties involved, and the evidence. While some cases might settle quickly, others, especially those that go to trial, can take months or even years to resolve.

How much will it cost me to hire a personal injury attorney?

We operate on a contingency fee basis. This means that we only get paid if you win your case or secure a settlement. Typically, the fee is a percentage of the compensation you receive.

What should I do immediately after an accident in Florida?

First, prioritize your safety and seek medical attention. Then, if possible, document the scene, take photographs, gather witness information, and report the incident to the police or relevant authorities. It's also advisable to contact a personal injury attorney as soon as possible.

What if the person who hit me doesn't have insurance?

If you're hit by an uninsured or underinsured driver in Florida, you can turn to your own insurance policy's uninsured/underinsured motorist coverage. This coverage can help compensate for your injuries and damages.

How do I prove pain and suffering in a personal injury case?

Pain and suffering are subjective and can be challenging to quantify. Evidence such as medical records, therapy sessions, personal journals, and testimonies from friends and family can help establish the extent of your pain and suffering.

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