This is the next article in my series on handling Illinois trucking accidents in our area which end in the wrongful death of the victim. My last article discussed how long it can take to settle a truck accident related Peoria wrongful death case. It is important to understand that settling such matters can take a significant amount of time. An experienced injury attorney will give you honest advice as to whether you should accept an insurance company’s offer. In this article I will be discussing what to expect during trial in such a matter. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
Peoria wrongful death trials will be decided by a jury
The trial process in a Peoria wrongful death case will begin with the selection of the jury. The jurors will be chosen from a group of people out of our local community. The attorneys for each side will be permitted to ask a number of questions to the potential jurors. They may use one of their limited number of challenges to remove an individual from the jury pool. They may not use these challenges on the basis of a protected characteristic (i.e. race, religion, gender, etc.). The Judge may also question potential jurors and can remove them from the pool if the Court believes that they cannot be impartial. Once the jury has been selected then it will be empaneled and each side will make an opening statement.
The plaintiff will present their case after opening statements are completed. This will include testimony from the surviving family members as to how the loss has impacted them. It will also include testimony and other information from economic experts who will discuss the amount of money which the deceased could have expected to earn over their lifetime. If liability is disputed, then testimony may be necessary from an accident reconstructionist as well as responding officers. The defendant(s) will then offer their evidence and witness testimony, including testimony from any rebuttal experts whom they wish to utilize. The plaintiffs will then follow with rebuttal evidence. The “rebuttal” stage of the case may only be used to directly address claims made by the defense.
After testimony has concluded then each side will make a request to the Court as to the types of instructions which the jury should receive. Closing arguments will be made and the jury will then deliberate. The jurors will be responsible for determining liability, the applicability of comparative fault, whether punitive damages should be awarded (although this will happen in a separate phase), and the amount of compensation to be awarded to the plaintiffs. While this overall trial process may sound streamlined at first glance, it is important to understand that it is a highly complicated affair. The rules of evidence will be enforced by the Court and the case must be presented in a way that is concise and clear for the jurors to understand. Retaining an attorney with the ability to handle such matters can make a major difference in the case.
Retain an Illinois injury lawyer with the resources necessary to litigate a wrongful death through trial
If you have lost a loved one a trucking accident then it is important that you retain an attorney with the resources necessary to litigate the matter. Such cases can involve substantial expenses related to expert witnesses, discovery costs, and more. Your attorney will be responsible for paying all of these costs up front and they will not be compensated unless you win at trial or the matter settles. If you retain a firm without the resources necessary to handle the matter, then your lawyer may be forced to withdraw from the case or, worse, feel the need to suggest a low settlement.
I am a Peoria wrongful death lawyer who believes in standing up for the rights of individuals over those of insurance companies. My firm is devoted to protecting the injured and I am able to assist with matters which involve a semi-truck. I believe in providing the highest level of service to each of my clients. If you are in need of assistance then contact my office today to speak with a personal injury attorney. My firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
