Personal Injury Claim Lawsuit Process - Part Three

Fishkill Injury Attorney Serving Myers Corner, Beacon, Lagrangeville and Nearby Areas of Hudson Valley

Ira Maurer, Founder of The Maurer Law Firm in Fishkill, New York, offers free consultations for victims of serious personal injury. At The Maurer Law Firm it is our belief that every clients needs to be thoroughly educated about their claim and the legal process.

VIDEO TRANSCRIPT: Every good lawyer knows that success at trial is dependent upon thorough preparation. There are no shortcuts to preparing for trial, your lawyer will need to read everything in your file, subpoena evidence to court and prepare all witnesses to testify. This includes spending hours with you going over everything you will be asked by your lawyer and what your lawyer anticipates the defense lawyer will ask you. Your lawyer should also meet with your treating doctors, who will be testifying on your behalf, to ensure that they are prepared to provide the testimony needed to succeed at trial. Prior to starting trial, the jury must be selected by the attorneys. Sometimes jury selection is conducted on a day prior to the commencement of the trial; other times the jury will be picked and the trial will begin immediately afterwards.

On the day of trial, the judge will make introductory remarks to the jury, explaining the trial process. The lawyers will then give their opening statements to the jury and will state what they expect the evidence to show. The plaintiff, as the party who brought the lawsuit, has the burden of proving his or her case. For this reason, the plaintiff offers all of his or her evidence first, followed then by the defense. Sometimes the parties may offer additional rebuttal evidence, intended to counter the evidence offered by the opposite side. When all evidence has been received by the court, the judge and lawyers will meet to discuss with the judge who will tell the jury about the law and the jury's deliberations. This is called the charging session. The lawyers then give their summations to the jury arguing what they believe the evidence that was received during the trial actually proves. Summations are followed by the judge's instructions to the jury on the law. The jury is then sent to begin its deliberations. During jury deliberations, it is common for the jury to send out notes asking questions about the law or the evidence, or requesting read-backs of testimony. When the jury has reached its verdict, a written verdict form will be filled out by the foreman of the jury and delivered to the judge. The jury will be brought into the court, where the jury foreman will then read the jury's verdict in open court. Once the verdict has been delivered, the lawyers usually will make post-verdict motions. Sometimes a motion to set aside the verdict, as contrary to the weight of the evidence received, will be made right on the spot. Other times the judge will give the lawyers a limited amount of time to submit post-verdict motions in writing. After the judge decides any post-verdict motions, the parties to the lawsuit are given a limited amount of time to decide whether or not to accept the verdict or file an appeal.

Obviously, I have only given you a very basic summary of the process involved in pursuing a personal injury claim. My purpose in doing so is to take away the mystique about lawsuits and help you enter the legal process with open eyes and less anxiety. I hope you found this video helpful.

For more information from Ira Maurer and The Maurer Law Firm, call 845-896-5295. Schedule a free consultation to review your personal injury claim today. At The Maurer Law Firm, we treat your personal injuries and the impact they have on you and your families personally, as if our own lives depend on it.