The trial process for DC hotel injuries can be intimidating for accident victims. Yet, it is this very process that gets you the justice you deserve. It is critical to note that about 97% of personal injury cases never make it to trial. There are advantages for both sides in settling a case outside of court. For example, if the hotel knows they have a losing case, spending money on a strong defense makes no sense when they know they will have to pay regardless.
When facts are indisputable, there is only so much even the best legal defense team can do to undermine the credibility of the evidence. With that being said, you must still understand the nuances of the trial process in your pursuit of justice and compensation for your injuries. Our hotel injury lawyers will take complete control of your case throughout the trial, from filing the summons and complaint to closing arguments.
To get to this stage in your case, it must be true that attempts to settle your case have failed. In almost every case, we make a good-faith effort to settle a case before filing suit. This keeps costs down for you and can be far more efficient in getting you the compensation you deserve. However, there are two reasons why the hotel might not make a reasonable settlement offer. First, they may deny liability entirely. If that is the case, they may not make any settlement offer as they do not believe they owe you anything and take no responsibility for your injury.
The second primary reason we may have to file suit is if we cannot come to reasonable terms with the hotel. If they do not make a settlement offer representing the value of your injuries, we will advise you accordingly. If you decide to take this advice and reject the settlement offer, the next step is to file a lawsuit and commence the trial process for DC hotel injuries.
Filing a lawsuit for hotel injury requires two things: a formal complaint and a summons. These are the documents necessary in a civil suit to initiate a lawsuit. A complaint lays out the facts of the case, provides the cause of action, and labels a specific demand for relief. A summons is a formal notice issued by the court. This document informs the defendant that they are being sued and instructs how long the defendant has to respond. It may also inform the defendant that a failure to respond may result in a default judgment. A process server should serve a summons and a copy of the complaint on the defendant.
The first pre-trial procedure in the trial process for DC hotel injuries is discovery. The purpose of discovery in the trial process for DC hotel injuries is to protect both sides from surprises at trial. If either side is blindsided by evidence at trial, it can be argued that a favorable or unfavorable verdict is due more to slick legal work than the case’s merits. That defeats the purpose of a fair trial and is something the legal system seeks to avoid.
Accordingly, as hotel injury attorneys, we have the right to access critical pieces of evidence during this stage in the trial. We can access security footage from the hotel during this time via a subpoena. Unfortunately, we cannot legally demand the hotel turn security footage over until we subpoena it during discovery. At the most, we can send over a spoliation of evidence letter that requires the hotel to preserve the footage.
Before almost any trial, we will initiate settlement discussions. The only time we may be unable to discuss a settlement with the adverse party is if we must preserve the statute of limitations. In a DC personal injury case, you generally only have three years before your right to sue the defendant expires, although exceptions exist. Suppose you are late in retaining legal representation. In that case, your hotel injury attorney may have to forego the settlement discussion stage to ensure your right to compensation is not barred by statute.
The trial process for DC hotel injuries starts with the summons and complaint. Once we get to trial, the typical hotel injury trial lasts two days.
The jury selection process in a DC hotel injury trial is known as voir dire. This is when each side picks from a pool of potential jurors. Attorneys on each side are given a set number of peremptory challenges. These are opportunities to remove a juror from the pool without cause. But, of course, it cannot be unconstitutional or discriminatory.
Opening statements in the trial process for DC hotel injuries to allow each attorney to present their case narrative. This sets the tone for the rest of the trial. For a jury, we consider primacy and recency to be critically important. Thus, the first impression we make on the jury will significantly impact the outcome of your case. During this trial stage, we outline the facts of your case, examine the applicable legal standards, and describe what we intend to prove. No evidence has been presented at this stage, so we must be weary not to overwhelm a jury.
As plaintiffs in a hotel injury trial, we have the burden of proof to establish each element of our case by a preponderance of the evidence. This means we must convince a jury it is more likely than not that the element occurred. Types of evidence we may use in your trial include:
Once we directly examine a witness, the defense has the opportunity to cross-examine that witness. Cross-examination in a hotel injury trial aims to undermine the witness’s credibility, which can lead to a jury not believing what the witness said in support of our case. To undermine the witness’s credibility, the defense may present evidence that the witness was previously convicted of a crime that shows the witness is dishonest. On the other hand, the defense cannot use a history of violence or something that does not relate to the honesty of the witness.
This is the last opportunity for either attorney to summarize the evidence and advocate for their respective side. This is not the time in the trial process for DC hotel injuries for either legal team to introduce new evidence. Rather, each attorney should reiterate the most compelling points and drive home how the hotel breached its duty owed to you.
Once closing arguments have concluded, the judge will provide instructions to the jury, and they will deliberate. Jurors consider the credibility of the witnesses, the strength of the evidence, and the relevance of each piece of testimony in relation to the legal standards set forth.
The trial process for DC hotel injuries can be complex. Speak with a DC hotel injury attorney today to discuss possibly filing a lawsuit. During our free consultation, we can discuss the value of your case and whether the cost of an attorney is prohibitive for your recovery.
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