The next step is for the attorneys to give opening statements. An opening statement is an overview of what the evidence is expected to show. It gives the jury a road map of what the attorneys think the witnesses will say when they are on the witness stand. Sometimes the attorneys don't disclose everything, as they might be keeping a trick up their sleeve-so to speak-to use later on in the trial.
After the opening statements, the evidence presentation begins. The Plaintiff has the burden of proof, so the Plaintiff's evidence is presented in the order his or her attorney chooses. Each witness is sworn in and asked questions by the Plaintiff's attorney, called direct examination. After the Plaintiff's attorney is finished questioning each witness, it's the defense attorney's turn to ask questions; this is called cross-examination. This pattern continues until the Plaintiff has called to testify all of his or her witnesses. The defense then gets to present its case and call any witnesses it thinks will help prove its position. Likewise, the Plaintiff's attorney is given the opportunity to cross-examine each witness called by the defense.
At the conclusion of the evidence presentation, the judge will read to the jury written instructions, called a Charge. The Charge includes specific questions for the jury to consider when determining whether or not the Defendant was negligent and whether the Plaintiff should be awarded monetary damages. In Texas District Court, with a 12-person jury, the jury's decision does not have to be unanimous and it only has to be agreed upon by at least 10 of the 12 jurors (at least five out of six jurors must agree on a decision in a Texas County Court). The jury's decision is called a Verdict.
After the Verdict is received by the Court, each side's attorney will get to make arguments as to how the Verdict should be interpreted. Ultimately, a Judge enters a Judgment. If either side wants to appeal, they must file the necessary paperwork to appeal the Judgment to the appellate court. If neither side files a timely appeal, the Judgment entered by the Court stands as final. If the Judgment is in favor of the Plaintiff, whatever dollar amount awarded will be paid at that time by the Defendant's insurance company. If the Judgment is in favor of the Defendant and is not appealed by the Plaintiff, then the case is over.
This process can seem very complicated and intimidating, but please try not to be alarmed. When I talk to my doctor-or even my car mechanic for that matter-I don't really understand or appreciate every part of what they are saying, but I do know that I trust them to make all the right decisions. The same goes for the legal system when pursuing a legal claim. You don't need to worry about the intricacies of the legal process; you should let a personal injury attorney do that for you. Simply hire the right attorney for your case and put your trust in him or her as the expert in the legal field to go out and win fair compensation for your injuries.
Free Consultation Contact the Anderson Law Firm online, or by calling 817-294-1900 for a free consultation on your rights.
