Getting injured is not a fun experience for anyone and getting compensation afterward can be even more stressful. Many bills arise as a result of injuries; such as hospital bills and bills to replace damaged property in certain cases. It sounds unfair to have the injured person pay these bills and this is why there are personal injury laws.
You should be aware that not all injuries suffered can be treated as personal injury cases under the law. Certain circumstances must arise before you can make claims for compensation under personal injury laws. In Illinois, the injury must be caused by the negligence of someone who should have acted carefully. Also, the injury does not have to be physical. Emotional trauma is also actionable under personal injury.
Will My Personal Injury Case Go to the Jury?
Most personal injury cases are resolved without ever stepping foot into a courtroom. A simple discussion with the party at fault and their insurance company usually settles a personal injury case. However, if your injury is severe and the insurance company of the negligent person is refusing to pay, your case might go to trial and the jury will determine whether or not you are entitled to compensation.
If your case goes to trial, you can be assured that the jury will deliberate on the amount you are entitled to as compensation. Their focus will be on what is fair and reasonable. This may limit the amount you could have otherwise negotiated with the party at fault. Trials are also often unpredictable and this is why they are not favored by parties in a personal injury case.
Once your case is going to trial, you will need a professional personal injury attorney that can help you plead your case and ensure the party at fault pays for your injury.
The Trial Process of a Personal Injury Case
Personal injury cases that end up going to trial follow a similar process to other cases that go to court. The process can be summarized in four steps. One, both sides will be allowed to present their case. Your attorney will explain why the accident is not your fault and why you deserve compensation.
Two, available evidence and witnesses will be presented. The evidence can include medical reports, videos from the scene of the accident, pictures of your injury, or even your statement. Under the presentation of evidence, your attorney and the attorney for the other party will get the chance to cross-examine each other’s witnesses.
Three, both sides will present their closing statements. Your attorney will try to convince the jury no that the other party’s case is weak and that you deserve compensation for the injury you have suffered.
Lastly, the jury will deliberate on everything both parties have said and presented. After this, they will either find you deserving of compensation or not.
If you are having trouble getting compensation after sustaining a personal injury, an expert personal injury attorney can make all the difference.
The Law Offices of Carroll, Papp and Cunabaugh provide a range of legal services to businesses. We can help ensure smooth business operations for you and guarantee you have solid legal representation in case of any events. Explore our services here.