When planning to go to trial for an injury claim for a construction premises liability case, it is worthwhile to familiarize yourself with the trial process. By being aware of this process you may be able to present notable evidence in a manner which may be most convincing. In addition, you may be able to anticipate any arguments made by the defense. For more information on the process of a construction premises liability case in Boston, be sure to reach out to a knowledgeable attorney today.
Opening Statement for a Construction Premises Liability Case
The process for a construction premises liability trial in Boston usually begins with the plaintiff’s opening statement. In an opening statement, the plaintiff would present their argument for obtaining compensation, briefly introduce how the evidence would support their claims, and what specific details of a case should be paid close attention to. Once the plaintiff has concluded their opening statement, the defense may choose to have an opening statement or move on to the next phase of the trial.
Questioning of Witnesses in an Injury Case
When introducing witnesses, an attorney will call up specific persons who have a personal account of the incident which resulted in the injuries of the plaintiff. In some cases, witnesses may be unable to personally attend. An attorney may then choose to introduce an audiovisual deposition (AV). An AV is a videotaped testimony of a witness which would be played before a judge and jury with a TV screen.
Introduction of Evidence
While questioning witnesses, both parties may introduce pieces of evidence. Examples of evidence that may be introduced may include medical records, medical bills, photographs of the scene of the accident, and any other pieces of documentation. During a trial, objections would be made regarding the legitimacy of evidence or statements made by the witness or opposing party. If a party feels that the judge made a mistake or would like to make an argument to the judge on why the judge should make a decision or ruling in a different way, the parties can ask to approach the judge at the sidebar and speak without the jury hearing.
Motion for Directed Verdict
Once the plaintiff has completed submitting all of the evidence that they wish to submit in support of the injured worker’s claim, the defense will typically file a motion for the directed verdict, which is a request to the court to dismiss the injured worker’s case. By filing a motion for a directed verdict, the defense attorney is claiming that an injured worker has failed to prove all the elements necessary for issuing liability.
If the motion is denied, the parties would be allowed to make closing arguments. The attorney for the defendants goes first and the attorney representing the injured worker will go last. The attorneys will make their pitch to the jury on why they should decide one way or another as to whether or not the defendant was negligent, as to whether the injured worker suffered damages or harm as a result of the negligence, and whether the negligence was causally related to the defendant’s negligence.
Delivering a Verdict in a Boston Injury Case
Once a verdict has been reached, both parties would be notified in real-time in front of the judge and jury. If the injured worker won, they would know how much damages the jury has awarded to compensate the injured worker. Following that, there may or may not be an appeal or motions concerning the jury verdict. Sometimes the parties might continue settlement negotiations and reach a settlement rather than have the case go on to an appeal.
Contact a Boston Attorney About the Process of a Construction Premises Liability Case
If you have sustained an injury due to a hazardous construction site, you may be wondering about how to obtain compensation for injuries. Luckily, you may do so through filing a construction site liability suit. In some cases, a suit may end in a settlement, but when it does not, a trial may be necessary. For help with preparing for a trial, or to learn more about the process of a construction premises liability case in Boston, schedule a consultation today.