Copyright © 2023 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Sometimes going to trial is necessary in order to ensure the plaintiff gets the compensation they deserve following a car wreck. Fremont car accident trials can be a tough and grueling process, however, an experienced attorney could help you every step of the way. If you were injured in a car collision, reach out to a dedicated car accident lawyer who could fight for you to help you get the recovery you need.
Fremont car accident trials usually start with the jury selection. During jury selection, the judge and both parties, through their attorneys, are able to ask the potential jury members questions and decide which ones they want to have on the jury. After jury selection has concluded, the plaintiff will give the opening statement because they have the burden of proof.
The burden is called the preponderance of the evidence, which means the greater weight of the evidence. In Ohio, the plaintiff must prove that the defendant was 50 percent or more at fault for the accident. If the plaintiff cannot do so, they will be barred from recovery.
After the plaintiff gives the opening statement, the defense will have an opportunity to respond with the second opening statement. The closing statements will follow the same order, except that the plaintiff’s attorney will get a chance for another brief closing statement. This is because the burden of proof rests with the plaintiff. After the closing arguments are made, the jury is given instructions by the judge and there is deliberation by the jury.
The order that the statements are given could make an impact on the case because it is easier for the jury to remember the person who goes first and the person who goes last. While this could be an advantage, the plaintiff still has the burden of proof.
The length of litigation varies in Fremont car collision cases. For an adult involved in a car wreck, the lawsuit must be filed within two years after the accident. The plaintiff will then get a trial date within nine months to a year after the filing of the lawsuit. Usually, the lawsuit is settled by that date. If the case is not ready to go to trial by the designated trial date, the court could then continue the trial date. Courts typically have to try the case or resolve it within two years of the date that the lawsuit was filed.
The length of the case may vary depending on how many parties are involved, how complex the legal issues are, if the plaintiff or defendant files bankruptcy, if the injured individual is still undergoing medical treatment, and if the witnesses are in the military in which case there may be a stoppage call to stay on the lawsuit.
Litigators focus on preserving the record. An attorney could preserve the record by objecting and stating their specific reason for the objection. This could include the judge not letting in certain evidence, the judge admitting evidence, or the judge giving a jury instruction that a statement was incorrect. It is important to remember the judge may not always rule in the favor of objection to one’s position in the trial. And if one has an unsuccessful case, they could take the issues to the Court of Appeals and try to get them to overrule the decision by the judge and get a new trial.
Car accident trials could be jury trials or bench trials. Either party usually has a right to request a jury trial. If either party requested a jury trial, they could be entitled to a jury trial in Fremont and in Ohio. However, there are situations in which these might be different. If the person sues the State of Ohio or a governmental entity, the case could be restricted to the Court of Claims in Columbus. In that situation, there is typically no right to a jury trial.
If you have been injured in a car wreck, reach out to a lawyer as soon as possible. An attorney who has experience with Fremont car accident trials could help protect your rights and help you recover the compensation you deserve. Call today to learn more about the car accident trial process and how a lawyer could help you along the way.
Charles E. Boyk Law Offices, LLC