This article continues my discussion on the handling of childcare-related injury cases in Peoria and other areas of Illinois. My last article discussed how long it may take to settle a daycare injury claim. It is important that parents not settle the matter until their child’s chances of recovery are reasonably known. Accepting a “fast” settlement may result in the family receiving less than what they should be entitled to. A personal injury attorney will give you an honest assessment as to whether or not the claims should be settled. In this article, I will be discussing what to expect if the matter goes to trial. If you or a loved one are in need of assistance then contact my firm today to speak with a lawyer.
I have previously discussed what to expect when taking a car accident case to trial. The process will be largely similar in a childcare-related case with two key exceptions. First, the parents will typically be bringing the case on behalf of the child as opposed to the injured person bringing the case themselves. Second, the injured person (the child) will often not testify in such matters, for obvious reasons. Besides these differences, the rules of procedure and evidence will apply as they do in any other matter. A failure to properly follow these rules can result in the jury hearing evidence which they should not have considered. It can also result in the jurors not hearing important evidence. Having experienced counsel is important to making sure that the matter is handled correctly.
The trial will begin with jury selection. Each side will be able to ask a number of questions to the potential jurors. Each attorney will be able to automatically remove up to a certain number of jurors and the Court may also remove a potential juror if it appears that they cannot be impartial. Once the jury has been selected then each side will make an opening statement. The Plaintiffs will then present their evidence and witnesses and the defense will follow by presenting its case. The Plaintiffs will then present “rebuttal” evidence and each side will make a closing argument. Once these arguments are completed then the jury will deliberate. The jurors will be tasked with determining liability, whether comparative fault applies, and the amount of damages to be awarded.
It should be noted that trials in a matter such as this will often involve multiple expert witnesses. First, industry-specific experts may be required to offer testimony as to whether the daycare facility was following the proper steps in regard to keeping the premises safe for kids. Second, if the child was seriously harmed, then multiple medical and vocational experts may be necessary. These experts will offer testimony as to future limitations which the child may have as well as how this can be expected to impact earning potential. The defendant(s) will also be able to call their own experts on these issues. It is the role of the jurors to determine the amount of weight (if any) that should be applied to an expert’s testimony. Retaining an attorney who is familiar with dealing with such experts, and presenting their testimony to the jury, can be vital.
If your son or daughter has been injured then contact my office today to speak with a Peoria daycare injury lawyer. I understand the gravity of such situations. My office is devoted to protecting the rights of the injured and we will give your case the attention it both needs and deserves. We look forward to speaking with you. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
