El Paso Injury Lawyer

221 N Kansas St #700
El Paso, TX 79901
Call (915) 201-0000

While it usually benefits all parties to settle personal injury claims outside of the civil courts, accident victims in El Paso who have experienced legal representation are prepared to take their cases to trial when settlement agreements are not viable options. There are four main types of participants at most personal injury trials; they include the plaintiff or accident victim, defendant, judge and jury. For some civil court cases, plaintiffs receive bench trials where judges alone assess presented evidence and provide rulings. All other trials are heard by juries and are ruled upon by judges. Here is a general description of the trial process for personal injury cases as well as actions that can be taken by plaintiffs if they receive unfavorable rulings.

Making Your Case in Court for Your Personal Injury Claim

Unlike a criminal court case where defendants must be found guilty by a standard of proof that is beyond a reasonable doubt, a plaintiff through their legal representative must present evidence that allows a judge to rule that the defendant is guilty of negligence by a preponderance of the evidence. Although the standard of proof is lower in civil cases, gaining a favorable outcome requires the proper planning as well as detailed knowledge of the personal injury law and civil court proceedings. The stages of a personal injury trial for which plaintiffs and their legal representatives need to prepare consist of the jury selection, opening statements, witness statements, cross examinations of witnesses and closing arguments. Potential jury members undergo questioning about their belief systems, personal experiences and societal views, and judges and trial lawyers for plaintiffs and defendants can exclude jurors from participation after the question and answer session. Trial lawyers then call in witnesses to their clients' accidents and ask them questions that help to clarify the pertinent points of the case to the jury and the judge. During this time, professional experts like medical doctors, dentists and occupational therapists are also called upon to testify about plaintiffs' injuries and their progress towards recovery. When the legal counsel for defendants bring witnesses to support their side of the case, lawyers for plaintiffs are prepared to cross examine them based on thorough knowledge of the evidence and the law. Finally, personal injury attorneys present closing arguments that summarize the key points of evidence for both the plaintiff and the defendant.