Not surprisingly, every accident victim whose case goes to trial wants to know the answer to this question. Of course, victory at trial depends upon a number of factors including the facts of your case, your lawyer, the opposing lawyer, the judge, the jury pool, etc. Below we will examine each of these in a little more detail and how you can help your case:
- The Facts of Your Case
If you were doing everything right and the other side was doing everything wrong at the time of the accident, and you have a serious injury, then with the help of an experienced lawyer, your case is unlikely to go to trial quite frankly. Instead, most of the time, it should settle. However, if the accident happened in such a way that someone might conclude you are either partially at fault for the accident or your injuries are not very serious, etc. then you obviously have some work to do to uncover evidence to help prove your version of the accident. But in terms of winning at trial, the side that can put forth the most convincing version of the facts of the accident will usually win.
- Your Lawyer
Of course, it is your lawyer who will help you uncover favorable evidence and put forth a convincing version of your case at trial. That is why it is so incredibly important to choose the right lawyer at the beginning of your case. It is critical to choose a lawyer who knows accident law, has the funds to prosecute your case, is experienced in the courtroom, etc. We have developed a checklist of things you should look for when hiring an injury attorney.
- The Opposing Lawyer
Some opposing lawyers are straight shooters who will zealously represent their clients but always do so within the bounds of the law. Others are more willing to push the envelope, and still others are just not very good at what they do. So, the opposing lawyer can affect the dynamics of a trial. Just like in a baseball game, how well the other team plays is likely to affect the outcome of the game.
- The Judge
Some judges in our State get almost zero practice at trying accident cases. It is not their fault. There are simply not many accident cases filed in their judicial district and those that are filed do not go to trial. For instance, in a number of judicial districts, although they were busy with criminal cases, domestic matters, etc.,they did not have a single accident case go to trial all last year. Examples include Districts 14, 28, and 29. Many other districts only had one or two accident cases tried all year. And trials are like anything else, if you are not getting much practice at them, chances are you are more likely to make a mistake. And if the judge makes the wrong ruling, it could mean the difference between winning and losing. So again, having the right lawyer, who knows the law and can submit helpful briefs on an issue or point the judge to the correct law is a bonus that cannot be overestimated.
- The Jury Pool
If you have a defective product case against Nissan, you probably do not want your case venued in Williamson County. Why? Because many of the folks who live in Williamson County either work at Nissan or know someone who does, which makes it less likely they are going to think Nissan did anything wrong in the case. Also, historically, some counties are known to be tougher on accident victims than others. So you want to know the venue where you case will be filed so you can know what to expect or, if legally possible, file your case in another judicial district.
To summarize, winning at trial starts with the facts of the accident. But, there are several places along the way that can be game changers: the lawyer you hire, the lawyer the other side hires, the judge you draw for your case and where your case must be filed. While you have your choice of lawyer and may be able to choose between options on venue, you can not control who the other side hires or which judge you will draw. So make your choices wisely and call one of our top-rated attorneys today at 615-742-4880 (Nashville) or 615-867-9900 (Murfreesboro) or 866-812-8787 (toll-free). We handle all accident cases on a contingency basis and the initial consultation is always free and without obligation.