The first thing that would probably be on your mind after being involved in a car accident is whether you’ll have to head to court. Fortunately,not all car accident cases end up in courtrooms. But if the opposite party is not accepting fault and not agreeing to your claim or is not willing to offer a satisfactory sum as damages for your losses and/or injuries,a court trial becomes inevitable.
What happens in court for a car crash claim? The court provides both the plaintiff and defendant a timetable elucidating how the claim would move forward towards a trial in case the issue is not settled outside. Once all court orders have been taken care of,a trial date would be set by the court (as noted by hurt in an auto wreck ).
Ensure you have provided your solicitor all evidence relating to the claim,such as witness details,photographs taken by the cops at the scene,and damages suffered. It’s not feasible to rely on any fresh evidence during trial if the evidence hasn’t been presented to the opponent prior to the trial.
The trial is basically a civil hearing without a jury. The two parties,trial judge,and legal representatives of the parties are expected to be there at the trial. Both parties could give the judge their evidence,which is based on the documents and statements sent to the opposite party previously. The plaintiff’s car accident lawyer will present their case.
The claimant (you) would have to prove claim with respect to the defendant’s fault and that the defendant’s negligence caused injuries and/or losses incurred and/or claimed. After you present the evidence,the defendant can cross-examine the witnesses and the claimant. Respective cases are summed up by the legal representatives to the judge after all the witnesses have been cross examined and given evidence. The judge would then give his/her judgment summarizing the pertinent points that justify the decision.