St. George Attorney: What Happens After the Trial?

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St. George Attorney: What Happens After the Trial?

Question: After the trial, if we win, how long does it take to receive the money?

St. George Attorney Answer:

If the verdict is in your favor, it can take weeks to a month to process and finalize the result of the trial. As long as the defense does not appeal the outcome of the case, both attorneys will then determine the final numbers in regards to the verdict and award, including interest, court costs, deductions, and attorneys’ fees.

What happens if we lose?

If all goes well with the help of your St. George attorney, you will not lose. In the case that you do, your attorney will talk with you about possibly appealing the verdict. That is an expensive route to go, but your attorney can help you decide if that will be the right decision. It is important to remember that losing is a possibility. Proceeding to trial carries risk. It means that you think your case is worth significantly more than what the adjuster believes it is worth. There is always a possibility that you and your attorney are wrong.

If we lose, can I still get a settlement?

In a minority of cases, the insurance carrier might offer a small settlement in order to avoid an appeal on your part. This isn’t likely. Concentrate on working with your attorney in St. George to win your case at trial. If your lawyer and you are both well prepared and liability is clear, you will most likely win.

St. George Attorney: How do I make a Good Witness?

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St. George Attorney: How do I make a Good Witness?

Question: What should I remember in order to be the best possible witness?

St. George Attorney Answer:

Remember that the trial key to winning your case. You can’t be perfect, but this is your only chance in court, and it is important to make it count. These are some tips to prepare you to be the best witness you can be as you answer questions from both attorneys:

  • Study your interrogatory responses. Get access to your deposition transcript and study that as well. Be sure that your answers and testimony are consistent throughout the case.
  • Don’t bring up insurance. If anything about insurance is brought up into the case, the judge will probably declare a mistrial, and you will go back to waiting for a trial date again.
  • Dress professionally. Don’t wear anything gaudy, bright, or lots of makeup or jewelry. Dress simply and in a professional way, as though you are going to a job interview or church function.
  • Look over your medical documentation so you have a review or picture in your mind of the dates you went to which doctors or treatments, and how your injury progressed.
  • Don’t exaggerate any points. Exaggerating anything about your injury or situation will only hurt your case.
  • Don’t be sarcastic or comical. A court-room is not the place to be funny. It is alright to laugh if something comical occurs, but it is not appropriate for you to be a comedian.
  • Be polite to all parties in the courtroom. You will appear credible and likeable to the jury if you are courteous. Address the judge by “Your Honor,” and the lawyers by “Sir” or “Ma’am.”
  • Maintain your composure. A defense attorney’s easiest tactic to winning a case is to cause you to lose your temper. If you are getting flustered and being badgered by the lawyer for the defense, be courteous. Your calm demeanor will work in your favor with the jury.
  • Listen intently to all questions as you are being examined. Do not anticipate the question or answer before a question is complete.
  • Make eye contact with the jurors. They will find you more trustworthy if you can look them right in the eye. This is very important.
  • Speak clearly. Answer with “Yes,” and “No,” and not with answers like “Yeah,” “Uh huh,” or “Mm hmm.”
  • Do not look to your attorney when being cross-examined. It seems suspicious. You are the witness. Just be honest and answer simply, in the best way you can.
  • Be yourself, even if you are nervous. The jury will expect you to be nervous. You will loosen up a bit as the case gets going.
  • Again, be honest!

St. George Attorney: What is a Trial like?

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St. George Attorney: What is a Trial like?

Question: When will the trial take place? What is the trial like?

St. George Attorney Answer:

It is not possible to determine an exact answer to this question since there are so many variables that affect when your case will go to trial after litigation begins. These factors can include:

  • The number of cases awaiting trial in your jurisdiction.
  • The number of judges available for the trials waiting.
  • The amount of time it takes for discovery on both sides to be completed.
  • Other possible factors.

Your St. George attorney will help you to ascertain an approximate guess about when your case will reach trial. In some cases and jurisdictions, it takes a matter of months to reach your trial date, but in others it can be several years to get to trial after your lawsuit is filed.

How much notice will I get before the trial?

In most cases you will get plenty of notice to make preparations with your attorney before your trial. But in some jurisdictions, there may be several “false alarms” that cause you to prepare for the trial many times before your trial really occurs. Your attorney will explain this process to you, but sometimes the court will set a number of cases for trial, but only a small percentage of those are actually reached to be heard.

What happens in a trial?

In simple cases, the trial typically follows a particular format.  Depending on the jurisdiction, your trial will generally follow this pattern, with some variations:

  • The trial will begin with the judge calling all participants into the courtroom, including you, the defendant, the attorneys, and jurors.
  • There will be a jury selection process. In some jurisdictions, the attorneys for each side will ask the prospective jurors questions in order to select the jury. These questions will determine whether there is any existing bias among the prospective jurors that will affect the case.
  • The final jury selection is similar to a lottery. But initially, jurors may be excluded from the final selection for a number of reasons at the judge and attorneys’ discretion.
  • Once the jury selection takes place and 6-8 people are chosen for the case, the attorneys for each side will make opening statements. These statements summarize the case briefly from each point of view. These allow the jury to have an idea of the main points of the case. These statements take approximately 30 minutes or less to deliver.
  • After each opening statement, your attorney will make your case for the court. You and other witness will be called to testify on the witness stand. The witnesses might include your employer, family members, doctor, and any witnesses to the incident. This is called direct examination.
  • After your St. George attorney completes direct examination of each witness, the defense attorney will be allowed to cross-examine each witness as well. Any witness, including you, may be examined on the witness stand by the attorney for the defendant.
  • There will be one more opportunity after the cross-examination for your lawyer to ask a few more questions of any witnesses, in a brief process called re-direct examination.
  • This will conclude the presentation of your case by your attorney. At this point, the defense attorney will present the case of the defendant. He or she will call witnesses for their side. Your attorney will also cross-examine these witnesses, in a similar process to that above.
  • After both sides of the case have been presented by both of the lawyers, meaning all evidence and questioning is concluded, there will be closing arguments. In this process, the attorneys will make a summary and final statement of their respective side of the case for the jury. Each lawyer will ask for the verdict they desire. Your attorney will give his or her closing statement first, and then the defense attorney will follow. Sometimes your attorney may be allowed a short rebuttal period after the closing statement from the defense.
  • At this point, the judge will give instructions to the jury regarding the law applicable to the case. This instruction can take an hour or sometimes more, and is dependent on the judge. These instructions from the judge are the final statements that the jury hears before deliberation, and so the judge is prohibited by law from influencing the jury with his statement in one way or the other.
  • After the instructions from the judge, the jury will deliberate and discuss your case in detail in a closed room. This could take several hours. It just depends on the complexity of your case.
  • Once the jury has deliberated and found a verdict, the judge will call all parties to return back to court. The verdict will be announced to both parties. The verdict will inform you if you have won the case, and if you have been awarded any money for you personal injury claim.

St. George Attorney: How do I prepare for my Deposition?

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St. George Attorney: How do I prepare for my Deposition?

Question: How do I prepare for a deposition?

St. George Attorney Answer:

Your attorney will help you to prepare for your deposition. You will usually have lots of notice so you are able to be well-prepared. You can prepare by doing the following:

  • When you attend your deposition, dress professionally.
  • Study your interrogatory responses thoroughly, along with any other information your attorney asks you to look over. Be sure to study all materials carefully so that you are prepared, and have your best chance of a positive outcome to your case.
  • Be honest in all your answers, even in the truthful answer seems like it might hurt your case. If the defense attorney discovers you have been dishonest in any answers, it could destroy your entire case.
  • Never argue with the defense attorney. Be polite. It can only help your case.
  • Listen intently as the defense attorney asks you the questions. Allow him or her to finish each question before you answer, so that you can make the best answer possible.
  • Consider your responses carefully before speaking.
  • Don’t always agree simply when the defense attorney asks you to agree to a question. Sometimes lawyers will use a tactic of stringing several statements together and asking you to agree to all of them. Then the final statement might not be true, but you may agree quickly because you are in the habit of agreeing to the previous statements. Be sure to listen carefully to each statement and question so you don’t admit or agree to anything that could damage your case.
  • Never offer more information that you have to. Answer each question in a straightforward and concise manner, and never elaborate unless you are asked to offer more detail.
  • Make direct eye contact as much as you can with the defense attorney.
  • Speak clearly and confidently. You and your St. George lawyer have prepared for this.

Why are depositions so important to personal injury cases?

  • The defense attorney will be assessing you and your character, or your quality of testimony. If the attorney is impressed with your deposition, your case will more likely move quickly to settlement.
  • The deposition serves to prepare you for the actual trial. In the deposition, you will gain experience testifying and being questioned by an attorney.
  • The deposition is very important for the defendant, because it can be used against you if it is false.

St. George Attorney: What do I do if my Case Proceeds to Trail?

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St. George Attorney: What do I do if my Case Proceeds to Trail?

Question: What do I do if my Case Proceeds to Trial?

St. George Attorney answer:

Once litigation begins, your attorney will inform you about your responsibilities in the process. Most likely, you will need to respond to interrogatories and you may even need to attend a deposition.  Throughout the lawsuit process, be sure to:

  • Keep in close contact with your attorney.
  • Make sure your attorney is always informed of any changes of address, phone number, employment status, or marital status. Also let your lawyer know about any changes in your injury.
  • Respond to any requests from your attorney for information or documents immediately.
  • Keep record of all medical bills and lost wages.
  • Don’t be involved in any criminal activity that could be used against you in court during your trial.
  • Stay employed at and maintain a good relationship with your employer.

How much more work is it for my lawyer if we have to go to trial? Should I pay more for that?

Sometimes your contingency fee agreement will allow for additional fees if your case goes to litigation. Your lawyer will inform you about these costs upfront before your case is accepted. A lawsuit is a drawn-out and tedious process, during which your attorney will need to take many steps, including preparing court documents, participate in depositions, research applicable law, communicated with the defense attorney, and communicate with all other involved parties. As your case documentation and evidence grows, other people at your St. George law firm will help in working on your case. There will be labor from paralegals, associates, and secretaries.

What if I don’t want to comply with the discovery process?

You and your attorney may be asked to respond to a number of interrogatories from the defendant’s attorney. There will most likely be 30 or more, each with various sub-questions. Your lawyer will answer some of the interrogatories, and you will answer some of them yourself.

These interrogatories will generally be in relation to your medical history in detail, your employment history, and of course your injuries and the incident that caused them. You will need to be careful to answer all of the questions truthfully and completely. If anything is missing or inaccurate, the mistake could be used against you in court. You must also be sure to answer all interrogatories on time as specified by your attorney.

The interrogatories are very in-depth, and can be tedious for clients to complete. Many clients put them off, and don’t leave enough time to answer them with the care and detail that is necessary. Be sure to allow time to respond to your interrogatory requests thoughtfully and accurately, so that you can have a favorable outcome to your case at trial.

Are depositions scary?

A deposition takes place in one of the attorney’s offices that is involved in the case. It is the first occasion during which you will testify about your claim and your injuries.  The defendant’s attorney will interview you about the incident, about your injuries, and general information about you and your history. All questions and answers will be recorded by a court reporter that will be present for the purpose of transcribing your testimony. The transcript will be shared with all involved attorneys and the insurance company. Portions of it may be read at the lawsuit trial.

What if I don’t want to have my deposition taken?

In this situation, you unfortunately don’t have a choice in the matter. Once a lawsuit has begun, you must follow the legal steps to cooperate with the defendant’s side.

What about the guy that hit me? Can we depose him as well?

Your attorney will make the decision about whether it is necessary to depose the defendant. In some cases, it may be more beneficial to not have a deposition with the defendant. Your Southern Utah attorney will use his or her expertise to decide what is best for you case.