Three frequently asked questions regarding personal injury cases
After sustaining a personal injury and filing a claim, it’s normal to have questions regarding your case. Here we will examine a few of the most frequently asked questions about personal injury cases.
What does it mean to go to a jury trial?
According to the Constitution of Delaware, a person who has been injured has a right to seek damages for their injuries in front of a panel jury of twelve of their peers. During the trial, your lawyer presents an opening statement along with evidence to support your claim. Such evidence can include documents, testimony, videos, and photographs, for example. The defense will also present similar evidence supporting their side of the story. When the time is right, your attorney will evaluate the positives and negatives of going to trial according to the potential cost and time your case may take. At times, a jury trial will be the only way to get fair compensation.
What is a deposition?
The litigation discovery process involves a part known as a deposition. A deposition is a chance for both parties to ask questions to either party and any associated witnesses or experts that can give testimony and to get answers to those questions while the parties are under oath. In other words, a deposition is a chance to acquire sworn testimony in the absence of a jury trial. Your attorneys will ensure you are well prepared ahead of time in the event you are asked to attend a deposition. You may be asked questions pertaining to such issues as what kind of past injuries or conditions you had prior to the accident. Other questions you may be faced with include questions about people who witnessed the accident, your version of what happened, your medical treatment or the ways in which the injury affected your life as a whole.
How does one define negligence?
In order to have grounds for a personal injury claim, someone needs to have been injured as a result of the negligence of another party, whether that be an individual, company, or government agency. Negligence happens under circumstances that involve one party owing another party what’s known as a duty of care, meaning they have a responsibility to act with reasonable caution. In the event that this person or party breaches such a duty of care by acting recklessly, carelessly, or failing to do something they could have reasonably been expected to do, we say that they acted negligently or with negligence. A few of the more common scenarios involve failing to act responsibly on the road when operating an automobile, failing to clear ice from a walkway in front of one’s place of business, or failing to control one’s dog or pet that results in the injury or another person or party.
If you have any additional questions about your potential personal injury claim or personal injury cases in general, please contact our attorneys today.