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When a Car Accident Case Goes to Trial

Posted by Michael G. Butash | Nov 28, 2017 | 0 Comments

Most automobile accident claims are usually successfully settled, sometimes without a lawsuit every having to be filed. In a case where attempts to resolve the conflict have failed, a trial may be the only resolution to your case of a car accident. Zephyrhills residents should be aware that a trial is the culmination of court based proceedings in a personal injury lawsuit. During this trial, both parties are to dispute presented evidence to a court that has authority to hear the claim and cast ruling as a final judgement. A car accident case may be tried to a judge (a bench trial) or may be tried to a jury (a jury trial).

What Evidence Will be Presented in a Car Accident Trial?

During the trial, both sides will have a chance to present their evidence. The Plaintiff has the job of proving the elements of his or her case by a standard called a preponderance of the evidence. In a car accident claim, this generally means that the plaintiff will need to persuade the jury (or judge in a bench trial) that the defendant was negligent and this negligence was the cause of the accident and the plaintiff's injuries. In a court case involving a car accident, Zephyrhills residents the plaintiff may present evidence in the form of testimony from the plaintiff him or herself, witnesses to the accident, or anyone else. A plaintiff will also present evidence relating to his or her injuries, medical treatment and damages.

In the Case of A Jury Trial

If your car accident case goes to a trial by a jury, after the presentation of evidence has closed, the court will instruct the jury on the law. The judge will tell the jury about the plaintiff's burden of proof and the type of evidence they can consider in making their decision. In most cases regarding a car accident, Zephyrhills jurors will be asked by the judge to determine if the plaintiff has met the conditions of negligence and prompt them to render a verdict. The jury will then have to work together on reaching a decision. Once a verdict has been reached, the judge will order that judgement to be entered in favor of the prevailing party.

*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Butash Law Group*

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...


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