This is the next post in my series on the handling of brain injury cases in Peoria, Illinois. My last article discussed how comparative fault can impact brain injury litigation. In Illinois, like in many other states, a victim may still receive compensation if they are partially at fault for the accident. A victim’s injuries will be reduced by the extent, if any, that the jury finds that they were responsible for the accident. If a victim is found to be at least fifty percent responsible for the incident then they will receive nothing. Comparative fault raises many complicated issues and it is crucial that you retain an experienced personal injury attorney to assist you. In this article, I will discuss what to expect at trial. If you are in need of assistance then contact my office today to speak with a lawyer.
I have previously discussed what to expect at a car accident trial. A similar process will apply to cases where one has suffered a brain injury as a result of any accident. A jury will be selected from a pool of local citizens. Each side will be given the opportunity to remove a certain number of jurors and the judge may remove a potential juror if it is clear that they cannot be impartial. Each side will then make an opening statement and each side will present their respective evidence. At the close of evidence, each side will make a closing argument and the jury will be given instructions, by the judge, as to how they should apply the law. The jury will then deliberate before issuing its verdict. The jurors’ verdict will decide all issues of liability, comparative fault, and damages. Once the verdict is returned then the case will be concluded.
Brain injury cases can be unique in that evidence is typically presented to the jury somewhat differently. Normally, a victim would present evidence relating to liability and then present evidence of damages. The fact that the victim’s injury may impact their memory, or how they verbally present themselves, will require that they present evidence of the nature of the injury before presenting evidence related to liability. This is due to the fact that if the jury does not understand the nature of the victim’s injury, then they may believe that the victim cannot testify as to how he or she was injured when, in fact, the injury is impacting their memory or ability to relay information. Given that a brain injury victim can have trouble relaying information to the jury, it is important that the jurors be made aware of the nature of the injuries immediately.
If you or a loved one have been involved in a serious accident then it is important that you retain a personal injury attorney with the experience and resources necessary to handle such matters. It will likely be necessary to retain multiple experts and counsel will bear the cost of this up front. Furthermore, counsel will not recoup these costs unless you are compensated. Furthermore, it is vital that your representative be experienced in presenting complex topics to juries in a clear and concise manner. If you retain counsel without experience in handling such matters, or who otherwise lacks the resources to retain necessary experts, then you run the risk of your case not being handled properly.
I am a Peoria brain injury lawyer who devotes a substantial part of his practice to personal injury law. I understand that this is a serious time in your life and my office will devote the time and resources which your matter deserves. We take pride in the level of service which we offer and we look forward to being of assistance. Contact us online or by telephone to schedule an initial consultation. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.