This is the next post in our series on the handling of childcare injuries in the state of Texas. Our last article discussed how long it may take to settle a Fort Worth daycare injury case. It is generally advised that one not take a “quick” settlement as doing so can result in the child being without needed money later in life. Retaining a qualified attorney is a good step towards ensuring that you are settling at the right time. In this article we will discuss the process of taking such a case to trial. If you or a loved one are in need of assistance then contact us today to speak with a Fort Worth area personal injury lawyer.
We have previously discussed the process involved in taking a car accident case to trial. The process is largely similar in matters involving childcare injuries. There are, however, a few key differences. First, cases involving injuries to a child will result in the parents bringing the case on behalf of the child, as opposed to the person who is injured bringing the case themselves, for obvious reasons. Second, cases involving a small child are one of the few instances in personal injury law where the injured person is not likely to testify.
The trial process will begin with jury selection. Jurors will be selected from a pool of individuals from our local community. The attorneys for each side will be permitted to ask the potential jurors a number of questions through a process known as voir dire. These questions may not relate to “protected characteristics” such as race, gender, religion, etc. The judge will also ask questions of the potential jurors. If it is clear that a juror cannot be impartial then the judge may dismiss them “for cause.” Each attorney will also be granted a certain number of challenges which can be used to dismiss potential jurors. Once the jury selection has been completed then the jury will be empaneled.
The Plaintiff will begin the case by making an opening statement. The defendant(s) will then make their opening statement. The Plaintiffs will present their evidence and witnesses and then the defense will present their case. The Plaintiffs will then follow with “rebuttal” evidence. This part of the case may only be used to directly address claims which were made by the defense. Once testimony has been completed then each side will make their closing arguments. There will be debate, outside the presence of the jury, in regard to jury instructions. The jury will then receive instructions from the judge and each side will make closing arguments. The jury will deliberate and issue a verdict.
The foregoing process may sound straightforward. It is important to understand, however, that the rules of evidence and procedure will be strictly enforced by the Court. If these rules are not followed then the Court may hear evidence which should not have been considered or, conversely, important evidence may not be considered by the jury. Having experienced counsel helps to ensure that a case is handled correctly from beginning to end.
If you are in need of assistance then contact our office today to speak with a Fort Worth daycare injury lawyer. Noteboom – The Law Firm has been assisting DFW area residents for decades. We practice exclusively in the area of personal injury law and we look forward to speaking with you. In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.