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The Stages on Filing a Personal Injury Claim (Part IV)

Article Summary: The resolution of a lawsuit through an alternative procedure is greatly advised to avoid the formal case hearings in a court trial. However, there some instances wherein the plaintiff and the defendant failed to resolve their arguments outside the court.

The resolution of a lawsuit through an alternative procedure is greatly advised to avoid the formal case hearings in a court trial. However, there some instances wherein the plaintiff and the defendant failed to resolve their arguments outside the court. This is whether the plaintiff does not accept the offer or the defendant did not propose a just settlement package. Thus, they resulted to battling it out in court trials.

Trial Procedure
A personal injury trial is quite similar in any other criminal court case in which witnesses and evidences play an important role. More so, the disputing parties are required to have their respective trial lawyers who would act as their advisor and defend them in the oral arguments. Hence, a legal counsel should be well versed about the “tort law” which covers these particular cases.

Both the plaintiff and the defendant would be given time to present their evidences or defend their part on the statements or accusations that would be pointed out. Then, a judge or a jury has the authority to weigh in the case and render his verdict after all interpretations and evidences have been filed and presented.

The Burden of Proof
Usually, the plaintiff carries the burden of proof. Meaning, he is obliged to submit sufficient evidences in order to convince the court judge or jury that the accused was liable for doing him wrong. Although, this aspect of tort litigation is based on a much lower standard as compared in a criminal offense wherein the accused must be proven guilty “beyond a reasonable doubt”. There were even some instances wherein an accused has been acquitted of committing a criminal offense but has been held liable in a tort case.

The Affirmative Defense
An affirmative defense in simple words is the confirmation made by the defendant regarding evidence fired against him but along with it is an argument that would defend his innocence. This tactic is normally used by the defense in order to lessen their liability over a certain injury claim case.

Motions in a Trial
It is common in a court trial that the defense team files their motions for various reasons. In fact, defense lawyers use this strategy to extend or to terminate a lawsuit prematurely. A motion attempts to convince the judge that the other party’s case does not have enough merits for it to be heard in a court trial, making it senseless to be pursued. For an example, if the presiding judge agrees on a motion to quash, the subject of the said motion would not be accepted in court.

Article Source: http://www.upublish.info

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Ren Policarpio
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