What is the Judge’s Role in a Personal Injury Trial?

Personal injury cases are often settled before they reach court, but what happens when they go to trial? You may be worried or unsure which part the judge plays if your case goes to court.

The Nye Law Group knows how scary it can be to find yourself injured due to the actions or inactions of someone else. Talk to your lawyer about the details of your court case, what you need to know before your day in personal injury court, and what you can do to recover. 

What is a Personal Injury Case?

Personal injury cases are legal disputes that occur when an individual suffers some combination of physical, mental, or emotional harm from an accident or injury because someone else was careless. Fault typically lies on the person or entity responsible for causing the accident through negligence or intentional actions.

Sometimes, a personal injury case can be settled outside of court, but in more complex situations, they can go to trial.

Personal injury covers a wide range of situations. The most common personal injury cases include:

• Auto accidents involving cars, pedestrians, motorcycles, and bicycles
• Slip-and-fall accidents
• Medical malpractice 
• Workplace injuries
• Product liability
• Assault 

If you are unsure if the case you have in mind qualifies as a personal injury case, consult a lawyer for specific answers.

Where are Personal Injury Cases Tried?

Many counties don’t have a state court in place, so any personal injury cases are usually filed in the state’s Superior Court. Personal injury cases tried in Superior Court are heard by twelve jurors

The Superior Court is the middle level of America’s court system. The lowest level is municipal (city) courts. Superior Courts are statewide trial courts. The highest level of the court system is the Supreme Court.

The Judge’s Role in Your Personal Injury Claim

The judge is the caretaker of the jury, ensuring that they understand what is being presented to them and how to proceed. The judge is there to be a neutral presence and to provide legal context and corrections when needed.

In some cases, the judge is the only person making the decisions. In these cases, there is no jury. This is called a bench trial. In a bench trial, the judge must be the sole trier of fact. The trier of fact must determine the truth of the case.

The judge makes decisions on the law’s meaning. They must determine the application and interpretation of the law and decide on relevance. They must decide if the evidence is strong enough to sway the case in either direction. They must also decide whether the witnesses presented are trustworthy, and how much their statements will impact the trajectory of the case.

Most cases will be tried in front of a jury. The key difference here is that the jury, instead of the judge, becomes the trier of fact in the case.

Broadly speaking, the judge’s role is to preside over the courtroom and try to maintain order and neutrality as you seek compensation in court.

A Personal Injury Lawyer Can Help During Trial

If you or someone you love have suffered an injury due to the negligence or purposeful action of another person or party, don’t despair. You have options. The Nye Law Group can help you explore those options. 

Offering free consultations with no hidden fees, our law office is ready to fight for you. Call today at 912-200-5230 or fill out the following online contact form to learn more.