After a truck accident victim files a personal injury lawsuit in an effort to recover damages for the injuries/losses they suffered in an accident, the case will likely go one of two ways. It can either settle or go to trial. While a large percentage of truck crash cases do settle, which helps reduce the amount both parties will have to spend in legal fees, there are a number of cases that don’t. When a case goes to trial, it is typically left up to the judge to make the final ruling on the matter and determine how much the plaintiff (i.e. victim) should receive, if anything.
Now, as the plaintiff in the case, you do hold the right to request a trial by jury and a Gainesville, FL truck accident attorney can explain how you can do this.
What is a trial by jury?
If you are familiar with what a jury is, then you know it is comprised of about six to 12 individuals who are 18 years of age and older who have been randomly selected from the county where the case is being heard to serve as jurors. Once a group of individuals has been chosen to serve on the jury, the judge or the representing lawyers will ask them questions to determine if they “have any knowledge of the case or have had specific experiences that might cause them to be biased or unfair. This questioning of the potential jurors is known as voir dire (to speak the truth)” [Source: American Bar Association].
If the presiding judge or an attorney feels as though the potential juror might be biased toward one party, they will likely be removed from the group.
Now, after you have requested a trial by jury and the jury has been selected, your case shall proceed through the normal process all other personal injury cases go through. Both parties will be given the opportunity to present their evidence and share their side of the story. In cases that stem from truck accidents, the victim and their lawyer will typically reveal how the accident has impacted their life and the amount they are seeking in damages. The other party may either refute the claims made against them and/or try and convince the court that they should not be held liable for the damages being sought.
After both sides are given their opportunity to present their side of the case, the jury will have time to deliberate using the information that has been presented while taking into account what the State of Florida’s personal injury laws are. After deliberation has concluded, the jury shall disclose how much the victim will receive. It can sometimes benefit to request a trial by jury, especially if you suffered severe or catastrophic injuries that have resulted in you accruing a significant amount in medical bills. Why?
When you are given the opportunity to present your case to a jury, you are sharing details regarding how the accident has impacted your life and livelihood with fellow community members. They get to see through photos, videos, and/or your physical presence the devastating effects the truck collision has had on you and your loved ones.
If you were injured in an accident involving a semi-truck, garbage truck, or any other large truck in Gainesville, FL and need more information on filing a personal injury lawsuit in Alachua County, FL, it’s time you contact USAttorneys.com. We can connect you with a skilled truck accident attorney in your area who can explain the lawsuit process and determine if the incident you were involved in would be a suitable case for the courtroom.