A personal injury trial is a specialized trial. It determines whether one party is liable to pay damages to another injured party. There's a specific process for how a personal injury trial proceeds.
First there will need to be a jury. The jury isn't automatically appointed or random. The jury is chosen from a pool of randomly nominated people. Each person who is in this pool is questioned to make sure they will be an impartial judge. Anyone who has a conflict of interest or who may be biased will be left off of the jury.
Then after a jury is convened, opening statements will be made. The attorneys take turns doing this. First, the plaintiff - the injured party bringing suit - makes their case and presents facts about the injury. Then the defendant makes a statement refuting the circumstances and interpreting the facts in a way that releases their client from responsibility.
After opening statements comes testimony. In testimony, victims and witnesses present their story of what happened. They can tell about what they experienced, and also what they saw.
Either side may choose to cross-examine witnesses in testimony. When this happens, an attorney attempts to show that the facts presented by the witness are not trustworthy, either because the witness was confused, is biased, is lying, or could not have had the knowledge they claim. Data is thereby questions and reviewed, and attempts are made to refute facts presented.
Next are closing arguments. Both sides give a closing. Each summarizes their case. This is done at the very end, and it is the last presentation that is made before the jury leaves to debate and vote.
Taken together, these steps are meant to give the jury all the information it needs to understand what happened in the case. Jury members are expected to impartially examine the available data, and to weigh the relative merits of each side's arguments. Then the jury votes on which side made their case and whether the defendant is to be held liable.
When the jury has decided this they will then give their ruling to the court. In most states it has to be a unanimous decision with all jurors agreeing. In states that this is not required, there still must be an overwhelming majority, of 9 to 3 or better.
First there will need to be a jury. The jury isn't automatically appointed or random. The jury is chosen from a pool of randomly nominated people. Each person who is in this pool is questioned to make sure they will be an impartial judge. Anyone who has a conflict of interest or who may be biased will be left off of the jury.
Then after a jury is convened, opening statements will be made. The attorneys take turns doing this. First, the plaintiff - the injured party bringing suit - makes their case and presents facts about the injury. Then the defendant makes a statement refuting the circumstances and interpreting the facts in a way that releases their client from responsibility.
After opening statements comes testimony. In testimony, victims and witnesses present their story of what happened. They can tell about what they experienced, and also what they saw.
Either side may choose to cross-examine witnesses in testimony. When this happens, an attorney attempts to show that the facts presented by the witness are not trustworthy, either because the witness was confused, is biased, is lying, or could not have had the knowledge they claim. Data is thereby questions and reviewed, and attempts are made to refute facts presented.
Next are closing arguments. Both sides give a closing. Each summarizes their case. This is done at the very end, and it is the last presentation that is made before the jury leaves to debate and vote.
Taken together, these steps are meant to give the jury all the information it needs to understand what happened in the case. Jury members are expected to impartially examine the available data, and to weigh the relative merits of each side's arguments. Then the jury votes on which side made their case and whether the defendant is to be held liable.
When the jury has decided this they will then give their ruling to the court. In most states it has to be a unanimous decision with all jurors agreeing. In states that this is not required, there still must be an overwhelming majority, of 9 to 3 or better.
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