By: anckrdev February 13, 2023

What to Expect in Gwinnett County Car Accident Trials

Collecting Evidence for the Car Accident Claim

The first step in collecting evidence is to obtain the police report or any sort of report that was made. The attorney may look at the damage to the vehicles, pictures of the vehicles, both vehicles and all vehicles involved.

A lawyer will also likely want to look for all the evidence that applies. They will look at the damages to the vehicles, if the other person was hurt, if the other (at-fault) person was intoxicated. Were they on drugs? Were they drinking? Were they texting? Were they distracted? Why did it happen? How did it happen? Were there any witnesses? Is there any video footage? What are the skid marks? What do the skid marks show? What were the weather conditions? What were the road conditions? Were there any other contributing factors?

An experienced attorney will also likely try to collect all the evidence they can get their hands on, but standard pieces are definitely the police report, medical records, statements from witnesses, talking to the witnesses, video coverage—anything they can get their hands on.

How Long Does it Take to Collect Evidence?

It depends on the case. Gathering evidence is sometimes more of an art than a science. Attorneys may not find witnesses right away, so they have to get out there on the streets, knock on doors and visit businesses. Sometimes, they put up signs at the location of the wreck asking if anyone has any information.

As a result, one will always want to call an attorney early on in a case and have them get their experts out, identify that car, make sure it is not crushed, make sure it is not sold and make sure that the it is not fixed, which happens all the time in products liability car accident cases.

Litigation Process in Gwinnett County for Car Accidents

If the insurance company refuses to pay the full value on a claim, an individual may choose to file suit against the negligent party. If there are multiple defendants, the litigation process moves along the same as if it were only one defendant at a trial.

Once they file suit, the plaintiff’s attorneys must turn over the evidence they have to the other side. They have to show how it was collected, who collected it and the conditions in which it was collected. It just depends on the piece of evidence, the rules of law and rules of evidence. All judges have rules about what evidence is collected and how it is presented to the court, so attorneys have to break down each individual piece of evidence and make sure it is presented to the court in a legal way.

Attorneys do not want the other side to object if at all possible, but they want to get it to the judge and do all that early on, and hopefully, they have all that nailed down prior to going to trial so that they know whatever they can and cannot get at.

Discovery in Car Wreck Cases

After filing a lawsuit, the next phase of the case is the discovery period which consists of:

Interrogatories (written questions exchanged by the parties which require written, sworn answers)
Document production requests (documents, videos, photographs, and any other physical evidence)
Depositions (oral testimony taken under oath of the parties and certain witnesses)
Statements (oral testimony taken under oath of any medical or other experts).

When the discovery process is completed, the parties work together to complete a pre-trial order form for the judge which lists the issues of the case as seen by each party, the relevant law, the medical bills, what plaintiffs are seeking for recovery, what the defendants are seeking, and other relevant materials that the judge wants to know about the case. The judge will either sign off on it or have a hearing and then sign off. If the case continues, it will proceed to trial.

Opening Statements

The injured victim’s attorney gives the opening statement first because they have to put the case in front of the jury. The defense attorney will present their opening statement following that of the plaintiff.

The Plaintiff’s Car Crash Attorney Presents Their Case

The plaintiff’s attorney will present their case before the court first. The insurance defense attorney has the ability, while the plaintiff’s attorneys present their case, to cross-examine the plaintiff’s witnesses. When the plaintiff’s lawyer rests their case, the defense attorney will proceed with their defense of the case.

Closing Arguments from the Claimant’s Lawyer

The plaintiff’s attorney will present their closing statement first, followed by the defense attorney. The plaintiff attorney then gets to make additional final closing remarks after the defense closing statement.

During the closing statements, the plaintiff attorney will ask the jury for a certain amount of money for the plaintiff’s injuries and damages. The jury goes to deliberate and then brings back a verdict for the defendant or the plaintiff. If the verdict is in favor of the plaintiff, it will also contain the amount of money they believe would be fair and appropriate for the defendant or defendants, to pay the plaintiff for their damages, or they may divide liability, therefore dividing the amount between the defendants as it pertains to their amount of liability.

Common Issues at Car Accident Trials in Gwinnett County

The difficulties for a plaintiff in any personal injury case would include adverse witnesses that hurt their case, unfavorable medical providers, and defense experts trying to discredit the plaintiff’s claims. Sometimes the defense tries to claim the plaintiff either was injured before the wreck or that the crash did not hurt the plaintiff. In car accident cases, the defense is known to hire biomechanical experts who will try to say that the plaintiff was not injured due to the impact.

Another difficulty is the mindset of jurors. It is crucial to address any adverse mindsets that will prejudice a jury. Therefore, it is wise for injured individuals to obtain a lawyer who has experience with Gwinnett County car accident trials.

How Long Does a Car Accident Trial Take in Gwinnett County?

The length of a lawsuit depends on several factors. Sometimes, upon filing suit, the insurance companies will realize that it does not make sense to fight the claims. Other times, the insurance company may go through the litigation process, but pay the money before the trial begins. If the insurance company tries to fight the case, then it could take anywhere from six months to two years.

The trial date is dependent upon how many cases the court has and how aggressive the plaintiff attorney is. The quicker the attorney files the lawsuit, the quicker they will receive a trial date.

All successful lawsuits must demonstrate clear proof that the defendant was responsible for the plaintiff’s injuries. Evidence in Gwinnett County car accident cases may include police reports, photographs, witness testimony, and more. For help collecting evidence and filing a personal injury claim, contact an experienced car accident attorney today.

Contact a Gwinnett County Lawyer About Car Accident Trials

While the process of a trial is fairly straightforward, it can be incredibly time-consuming. Fortunately, you do not have to face it alone. A qualified attorney can walk you through the process of Gwinnett County car accident trials. Call today and schedule a consultation.