The lawyers of Golitko & Daly, P.C. have years of experience helping people in their time of legal need. Our Indianapolis attorneys have taken numerous lawsuits involving construction accidents to trial, fighting diligently for clients every step of the way.
We’ve gone over other phases of a case in some detail already. We’d like to take this opportunity to consider the actual trial phase and identify its components.
Jury Selection for Construction Accident Cases
Most cases that go to trial begin with jury selection. During the jury selection process, the judge and attorneys question the pool of potential jurors to determine how their views and life experiences may color their opinions of the case. Attorneys try to pick jurors who may be most sympathetic to their case. Attorneys can dismiss jurors for any reason (“peremptory challenges”) or because they feel that a juror will not be objective (“challenges for cause”).
In a bench trial, however, the judge acts as the jury. In the case of a bench trial there is no jury selection step.
Attorneys Make Their Opening Statements
When the trial begins, the attorneys for the plaintiff and defendant sides make their opening statements. The plaintiff’s side will often go first.
During the opening statement, the attorney generally presents the stance they intend to prove, which will be supported by the evidence presented and the witness testimony. The defendant’s attorney then makes their opening statement, similarly stating a case that rebuts that of the plaintiff.
In cases that involve cross-claims or multiple parties, there may be more than two opening statements.
Witness Testimony and Cross-Examination
Thanks to depictions in film and television, most people are familiar with the witness testimony and cross-examination phase of a trial. We call this phase the case-in-chief.
First, the plaintiff’s side presents evidence to the jury and calls witnesses and selected experts to testify under oath. This is known as direct examination. Once the plaintiff’s attorney is finished examining their witness, the defendant’s attorney has an opportunity to cross-examine the witness, finding any holes in the testimony or casting doubt that may be favorable to the defendant’s side of a case. Next, the plaintiff’s attorney returns to engage in re-direct examination, which attempts to clarify statements and undo any doubts that the defendant’s attorney may have raised through cross-examination.
Once the plaintiff’s side rests its case, the defendant’s side repeats the process. The pattern of direct examination, cross-examination, and re-direct examination continues until the attorney for the defendant rests their case.
Attorneys Make Their Closing Arguments
Closing arguments are a way for attorneys of each side to sum up their arguments and make a final appeal to the jury for their case. It’s essentially the conclusion to their argument.
Judge Issues Instructions to the Jury
Following closing statements, a judge provides the members of the jury with a set of instructions before they go to deliberate. The judge’s instructions typically outline the legal concerns for the jury to keep in mind, as well as legal standards to uphold as they consider the facts presented.
The Jury Deliberates
The case rests with the jury during the deliberation process. In this phase of trial, the members of the jury go over all of the evidence and the cases presented, noting judge’s instructions as they do so. The jury members are the only individuals involved in this process. They may request court transcripts or certain pieces of evidence during the deliberation process.
The Verdict of the Case
Once the jury has finished deliberating (which can be brief or take a long time), the jury foreperson reads the verdict. Both the plaintiff’s side and the defendant’s side assemble for the reading of the verdict.
Sometimes the jury cannot reach a unanimous verdict. We call this a “hung jury” or a “split decision.” In the case of a hung jury, the judge may declare a mistrial. The attorneys must select a new jury must be selected so that an entirely new trial can proceed.
Speak with the Lawyers at Golitko & Daly, P.C.
For more information about work injury lawsuits and the various steps involved, be sure to contact our team of construction accident and injury attorneys today. The legal team at Golitko & Daly, P.C. will fight diligently for you every step of the way.
