Things to Keep in Mind When Going to Court for a Car Accident Claim

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The majority of car accident cases don’t always go to court. In most cases, both parties manage to reach a mutual agreement outside of court.

However, in the event that one party is not satisfied with the other’s conditions and no party is willing to compromise, a court case is the next viable option.

Your personal injury lawyer is an important factor during this process. Their level of competence and expertise play a crucial role in the success of your case.

You can click here to learn more about a personal injury lawyer and what they can offer.

The purpose of this article is to give you a heads-up on what to expect in court during a car accident case. Read on to find out more.

What to Expect

Here’s a list of a few things to expect in court when you’re seeking compensation for your car accident:

Intense cross-examination

During proceedings, the defendant’s legal representative can call you, the victim, to the witness stand and ask questions. The purpose of these questions is to get you to exonerate their client and probably incriminate yourself in some way.

Your best bet at avoiding these bullets would be to have one story and stick to it. If the defense attorney senses loopholes in your story, they may capitalize on that and manage to convince the jury that you’re perjuring yourself.

Intense cross-examination can help you indicate your consistency and credibility as a witness and reveal the contradictions and weaknesses of the defendant’s case.

Absent witnesses

Witness statements are important—they suffice in situations where camera footage is unavailable. Unfortunately, these witnesses, for some reason, can also be absent. This rarely ends well for the prosecutor, as they will have a harder time convincing the court that the defendant is guilty.

They may, however, try to salvage the situation by presenting evidence of the damages, such as photos and videos.

Counter evidence

Both parties are mandated by law to present evidence for review. However, it is not uncommon for the defense attorney to ‘stumble on new evidence’ just before a court session. The new evidence they present may overthrow the prosecutor’s previous arguments.

To be on the safe side, the victim has to confide in their attorney and reveal any implicating information they are aware of, so there will be no surprises in court.

Inconsiderate jury

By law, the jury is supposed to be brutally honest and fair. However, members of the jury are not immune to unconscious bias. Sometimes, their personal biases or lack of empathy might affect their judgments.

If it’s obvious that the jurors are being partial, the prosecuting attorney can raise a motion for the jury to be probed. The objections, however, should be made discreetly and appropriately during the trial.

So, the victim needs to present their case with more conviction and clarity and challenge the unfair prejudices and assumptions of the jurors.

Invalidation of your claims

As mentioned earlier, the defense attorney sometimes introduces new evidence to the court, and this new evidence is often meant to invalidate the victim’s claims. Although this is inconsiderate, it is not against the law.

The defense attorney might argue that the damages the victim suffered do not merit the compensation they seek. The prosecuting attorney has to counter this with solid proof in the form of doctor reports, bills, witness statements, etc. that show the full extent of harm and damage done.

Wrapping Up

Court cases don’t always go as smoothly as we would prefer. There are hiccups and surprises most of the time. It’s important to be prepared and have bulletproof evidence to counter whatever the opposing party throws at you. With a seasoned lawyer by your side, you will effortlessly dodge all of these bullets and walk away with your compensation.