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Defense Verdict

What is a defense verdict in personal injury law?

After an accident, an insurance claim is launched by the injured person, called the plaintiff, against the defendant, the person who is being sued for causing harm due to a negligent act. If the plaintiff, or that person’s injury attorney, cannot agree with the defendant's insurance company on a dollar amount sufficient to settle the claim, then a lawsuit is filed and the claim goes before the court.

How is a personal injury trial managed?

Once a claim is filed with the court, lawyers for both the plaintiff and the defendant will spend considerable time preparing their cases by gathering information and evidence, interviewing witnesses, filing required documents with the court, and arguing the facts of the case in front of the judge and jury. After a judge and jury are presented with the facts and evidence of the case during trial, the decision of the jury, called a verdict, is reached. Sometimes the verdict is in the favor of the plaintiff, and sometimes the verdict is in the favor of the defendant. The facts and evidence of the case are the crucial components used by the jury to make this decision.

How often to personal injury claims go to trial?

In reality, most claims that are filed with the court eventually settle prior to a trial. As the trial date grows closer, attorneys for the plaintiff and defendant typically will communicate extensively to negotiate a settlement that meets the requirements of both the plaintiff and the defendant.

 

 

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  Early in the morning on October 12, 1981 Jerry Baudensdistel, a 21-year-old shift supervisor at a bakery was driving his motorcycle down Charter Way in the city of Stockton. A pickup truck emerged off of Aurora Street, and Baudendistel slams his motorcycle into the truck, and was ran over by a third vehicle. He sustained serious injuries in the crash, including partial paraplegia, with a loss of functioning below the waist. He also suffered constant muscle spasms.