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Understanding Civil Procedure: What a Tort Victim Can Collect in Personal Injury Cases

This lesson explores the critical aspects of civil procedure in personal injury cases, focusing on what a tort victim can collect. Key terms include injunctions and damages, which serve to reimburse the injured party and restore their financial position. It outlines the trial process, emphasizing the roles of judges and juries, and the significance of evidence and witness testimonies. Additionally, it covers the contingency fee basis for lawyers and how judgments are satisfied, including the enforcement of monetary awards through writs of execution.

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Understanding Civil Procedure: What a Tort Victim Can Collect in Personal Injury Cases

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Presentation Transcript

  1. Chapter 6Personal Injury Laws Lesson 6-3 Civil Procedure

  2. What Can a Tort Victim Collect? • Injunction--a court order to do or not to do a particular act • Damages--monetary award to the injured party to compensate for loss • purpose is to place the injured party in the same financial position as if the tort had not occurred • Referred to as actual or compensatory damages

  3. What Can a Tort Victim Collect? • If a lawyer is involved, they generally handle the case for a % of the recovery. • Referred to as a Contingency Fee basis.

  4. How is a Civil Case Tried? • Judges and juries play different roles in trials. • Judges always decide any issues of law. • Juries decide any issues of fact. • Civil juries are composed of 6 to 12 citizens • Civil trials don’t have to be unanimous • After Juries are selected, Opening Statements are made by the Plaintiff and the Defendant • Brief outline of what each will try to prove • Usually done by a lawyer

  5. How is a Civil Case Tried? • Evidence – anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts. • Testimony – consist of statements made by witnesses under oath. • Most common form of evidence • Witness – someone who has personal knowledge of the facts • Expert Witness – has superior knowledge of facts

  6. How is a Civil Case Tried? • Subpoena – written order by the judge commanding a witness to appear in court to give testimony. • Failure to appear when subpoenaed is contempt of court. • After presentation of the evidence, lawyers (attorney) give the closing arguments (statements) • Each will summarize the case • Try to persuade the judge and jury to favor their side

  7. How is a Civil Case Tried? • After the closing statements, the judge will give instructions to the jury. • What rules of law to apply • What issues of fact they must decide • The jury then retires to the jury room for secret deliberation • Verdict – the jury’s decision • Judgment – rendered by the judge and is the final result of the trial

  8. How is a Judgment Satisfied? • The defendant will pay the judgment ordered by the judge • If they don’t pay, plaintiff will obtain a writ of execution • Process by which a judgment for money is enforced • Court may have defendants property seized and sold in order to pay the plantiff

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