by: Percy Martinez, Attorney
Most of the Miami Car Accident cases, in which one party is asking for compensations from the other, are settled without going to the court. The parties settle the matter through arbitration, where attorneys from both sides sit down and come out with a solution which is suitable for both. However, when both the parties can’t settle down on a compensation value, then the cases go to court. There are certain things which you should know as these will help you if your Miami Car Accident goes to trial.
WHAT IS A TRIAL?
In its simplest possible definition, a trial is a civil procedure in which a judge or a jury undertakes the proceedings with both the parties presenting evidence and coming up with strong arguments. The court has the final authority in this matter as it listens to both the parties and determines the final judgment.
PRESENTING THE EVIDENCE
Both sides have equal time and opportunity to present their testimony in the court during the trial. Since the plaintiff has filed the lawsuit in the court, therefore, he/she needs to prove the evidence in a standard way, known as ‘Preponderance of the Evidence.
Under the standard of preponderance of proof, the plaintiff needs to convince the judge or the judge that the accident was occurred owing to the negligence of the defendants. You’re expected to forward substantial evidence and arguments to prove your point, and not mere allegations.
TESTIMONIES ARE IMPORTANT FOR CAR ACCIDENT CASES
Testimonies could be from the plaintiff himself or from other witnesses who were present at the spot. The evidence which plaintiff provides to the judge/jury could be in the form of video or pictures captured by your dashboard camera and your medical bills. Physicians can also write their testimony which you can provide to the court in support of your arguments.
The defendant, on the other hand, has the right to cross-examine the witnesses appearing in support of the plaintiff. Moreover, he can lay objection to the presenting of the evidence as well, which are forwarded by the plaintiff. At the end, it is up to the judge/jury to decide which evidence are worth keeping and which are not.
Once both the parties present their case, they are required to give the closing arguments directly to the judge or the jury. In these cases, they are directly addressing the judge/jury. They can sum up all the evidence they have provided and can plead for results of the trail to be in their favor.
VERDICT AFTER JURY CONSIDERATIONS
The jury will have to make contemplating considerations before coming up to a decision. The judge will instruct the jury about the type of evidence they should consider while making the decisions. Moreover, the judge will give them the elements of negligence. The jury will determine if the plaintiff is meeting those elements or not. If yes, then the jury will give the
verdict for the plaintiff.
After the verdict, the jury needs to work together to come up with a final decision. A three-quarter of the jury needs to be agreeing with the same decision to make it valid. After proper discussion and contemplation, the jury returns to the court, where everyone is sitting and gives their final decision.
If the case is ruled by a judge, then he will assume the role of a jury and contemplate all the evidence before reaching the final determination. It is always better to trial your case by a jury rather than a judge because people get into a debate over your case; often this will increase the chances of a decision in your favor.
GIVING THE JUDGMENT
Once both the parties have forwarded their evidence and jury has decided on a verdict, after thorough discussion and contemplation, then the judge will order the judgment for one party. The clerks operating in the court will enter the judgment which needs to be respected by both the parties.
The non-prevailing party, which will be unhappy with the decision, can take the matter to the appeals court against the judgment made by the judge/jury. This appeal has to be made within a particular period. Once the duration to make the appeal against the decision is gone, none of the two parties will be able to try the case again. The decision will be final and totally binding.