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Carrollton Car Accident Trials

The litigation of Carrollton car accident trials proceed in a similar way as other civil cases. The individual that was injured would bear the burden of proof in a motor vehicle accident. The injured person must give their opening statement and present all their evidence first in order to establish the burden of proof.

Carrollton car accident trials can be overwhelming without the help of an experienced car accident lawyer by your side. If you are facing a trial, a car accident attorney can help explain what to expect.

Litigation Process

Once a lawsuit is filed with the clerk in the court, a deputy sheriff or independent processor must go out and personally serve the defendant or the at-fault party. Once the defendant or at-fault party has been served, they have 30 days from the date of service to provide an answer to the lawsuit.

Once that answer is filed with the court, an automatic six months discovery period begins. During that six months, the parties will exchange written questions called interrogatories and likely take depositions. A deposition is when a party doing a lawsuit or other important witness is put under oath and asks questions before a court order.

Once the discovery period is complete, the attorney tries to put it on the trial calendar as soon as possible to get a person’s case heard before people of the jury and to prove their claim to them and get compensation.

Statements

The attorneys for both the plaintiff and the defendant will give opening statements. In general, the plaintiff’s attorney will give their statement first. It is their first opportunity to tell the 12 men and women of the jury their story, while they are in court that day. It is their first opportunity to tell their side of the story.

The attorney for the plaintiff and the attorney for the defendant will also have the opportunity to provide closing statements. A closing statement is an individual’s attorney’s opportunity to tie all of the evidence presented to the jury together with their story and to ask the jury to award them for their compensation for the injuries that they have sustained.

Jury Process

In Georgia, the magistrate courts do not have juries. Therefore, any claim that is filed in magistrate court will be a bench trial. Other differences are seen in state court; a person is automatically entitled to a jury of six as opposed to 12. However, the attorney can request that a jury of 12 be provided in state court. In Superior Court, a jury is always 12 men or women. A person can also have bench trials in state court and Superior Court.

Important elements of the case that litigators will focus on will be the at-fault driver. They will focus on what they were doing at the time of the accident, or anything that the attorney has discovered in the litigation process that might have attributed to why they caused the accident. The other main focus will be the individual’s injuries. The attorney has to show the jury what a person’s injuries are and how their life has been impacted by those injuries.

Benefits of an Attorney

It is important that a person has an attorney who is experienced in trial advocacy. The attorney should like to be in the courtroom and tell the injured party’s story, and to make sure that the preson is being treated fairly by an insurance company or a corporation. A Carrollton car accident lawyer should be able to show to the jury what the person has gone through and why the individual is asking to be rewarded for damages.