What To Expect If Your Car Accident Case Goes To Trial in Colorado Springs
A car accident can happen in the blink of an eye; it’ll be over and done with before you have a conscious thought. You might not immediately realize exactly what happened. In the midst of your post-car accident haze, you might be wondering what happens if your car accident case goes to trial; read here to learn more.
The Aftershock
In the immediate aftermath of the accident it is important to remember that anything you say now, will be very hard to recant later. You are likely disoriented and confused, and may not know exactly what happened. You are much better off saying nothing initially. Apologizing is a knee-jerk reaction for most people, but it can be interpreted as admitting fault. If you haven’t already, now is the time to consult a personal injury attorney.
Determining Fault
Your personal injury attorney will help you evaluate your recollection, review the evidence, and help you make a determination. If you decide that you are indeed the wronged-party, you may decide to file a personal injury lawsuit to ensure you are rightfully recompensed. Many cases are settled without going to court, but not always. If you decide to continue pursuing the case, it could end up in court.
The Trial
Personal injury trial rules and regulations are not uniform across all states, but there are many similarities that can be discussed here.
Your case will go to court, where it is typically decided by a jury (up to 12 local area residents) instead of by the judge. Because the role of the jury is so important in these cases, the very first step of the trial is selecting the jury. A pool of people will be gathered and they will all answer questions to narrow down the 12. The questions will help the judge and both attorneys determine if the potential jurors have any biases that would keep them from being impartial.
Once the jury is selected, the trial can begin. There are two sides in the trial, the plaintiff, and the defendant. You are the wronged party, the one bringing the suit, the plaintiff. The at-fault driver, or their insurance company, will be the defendant. The plaintiff will set the stage for the jury during opening remarks. This is where your attorney will tell the jury what you believed happened. The defense will have a chance to rebut this version of events during their opening remarks.
After opening remarks, your attorney will delve in and present your case. Your attorney speaks first, because you, as the plaintiff, have the burden of proof: you have to prove what happened. Your attorney will call witnesses: you, any bystanders, the police, medical professionals, or other experts to testify to your version of the events.
Next the defense will have the same opportunity. They can call the same witnesses or others, to try and prove their side of the argument, why they are not at fault. The following portion, and the last part of the courtroom portion of the trial, will be closing remarks. Each attorney will summarize their case and why the jury should side with them.
Deliberations
Once the trial is over, the last remaining thing is for the jury to decide who they believe. The jury will adjourn to a deliberation room and discuss the case. They will go over the evidence presented, and determine if there’s enough evidence to prove the fault of the defendant. The deliberations are completely confidential—no one, not the judge or attorneys, can be present during deliberations. An answer is typically decided within a few hours, but there is no maximum time limit.
Once the decision is reached, the jury foreman will notify the judge. The judge will call everyone back to the courtroom to hear the decision. The jury’s decision will become a part of the permanent public record.
Hiring A Personal Injury Lawyer
It’s important to note that not all injury cases go to trial. More often than not, they are settled out of court. Only an experienced personal injury lawyer can determine whether or not going to trial is appropriate for your case. It’s crucial to hire an attorney who will have your best interests in mind. When you hire Heuser & Heuser you can be assured that our lawyers will do what it takes to achieve the best possible outcome for you.
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
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Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!
We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.
As car accident law professionals, we have seen too many individuals lose out on their maximum owed compensation. Don’t miss out on the settlement you deserve! In this book, you will learn how to:
- Avoid the key mistakes that can derail your claim.
- Know what you should and shouldn’t say if an insurance adjuster contacts you
- Understand the dos and don’ts of social media.
- Position yourself to collect full and fair compensation for your injuries.
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
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