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Beware of Directed Verdicts

Posted by Russell West | Jul 30, 2024 | 0 Comments

Personal injury cases that result in millions of dollars in damages for the plaintiff are the exception, not the rule. Just as criminal cases do not usually end with a jury returning a verdict but rather with the court dismissing the charges early on or else with the defendant accepting a plea deal. In other words, most cases would not make for an interesting courtroom drama movie. Civil cases, such as personal injury lawsuits, have even less entertainment value.  Personal injury lawyers sometimes post announcements on their websites about the biggest settlements and damages awards they have helped their clients receive, but your case will probably be less dramatic. Lawyers who tell you that they never settle are all bluster. The chances are that your case will be resolved with your lawyer negotiating a settlement for your car accident claim by attending arbitration, threatening to sue the defendant, or even just by making a few polite phone calls to the insurance company. A Spokane auto accident lawyer can give you honest answers about how your case might play out.

Jury Trials Can Have a Twist Ending

If your personal injury case goes to trial, there may be a jury, or the judge may be the one to decide the outcome of the case. Jury or not, your goal as a plaintiff is to show that there is a preponderance of the evidence that the defendant's negligence caused your injuries and that your injuries caused the financial losses for which you are seeking compensation. A preponderance of the evidence means that the judge or jury is at least 51% sure that your statements are true and your arguments are sound.

As with criminal trials, there are few surprises at civil trials; many of the details get worked out during pretrial discovery. You already know which evidence the defendant will present. You have advised your witnesses about questions that the defendant's attorney may ask during cross-examination. The judge may even have ruled on whether certain pieces of evidence that you or the defendant planned to present at trial are admissible.

Most of the time, the only surprise is whether the jury decides in favor of the plaintiff or the defendant, but sometimes even that is not a surprise. The judge has the right to issue a directed verdict if it becomes obvious during the trial, but not before, that you do not have enough evidence to show that the defendant should be liable for your financial losses. A directed verdict is when the judge instructs the jury at the end of the trial that the only just outcome is to find in favor of the defendant. It is not a common outcome in civil cases, but it is an unpleasant surprise that you can avoid by reaching a settlement before trial.

Contact West Law Office About Car Accident Cases

A personal injury lawyer can help you if you are taking your car accident case to trial. Contact West Law Office in Spokane, Washington, to find out more about your legal options.

About the Author

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Russell West

Russell West from West Law Office, located in Spokane, Washington represents clients in areas of criminal traffic, misdemeanors, and personal injury. DUI’s, Reckless Driving, Negligent driving, Hit and Run, and Driving with Suspended license are the majority of criminal traffic violations. Drug Charges, Theft, and Domestic Violence account for most of the other criminal cases Russell handles.

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West Law Office - Russell West Attorney

Spokane Attorney Russell West practice areas include: Auto Accidents, Personal Injury, Motorcycle Accidents, Slip and Falls, DUIs, DOL Hearings, Criminal Traffic, Expungement/Vacating Records, and Insurance Bad Faith

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