| Presenting
Your Evidence At Trial
A
case may be won or lost depending on how the evidence is presented
at trial. If the judge or jury does not understand the theory
of the case or the testimony of the witnesses they will have
a hard time ruling in your favor.
This is why it is extremely important to chose an attorney
who has experience trying automobile accident cases. It is
not enough that your attorney have experience in "handling"
the cases if he has not successfully tried them also.
In automobile accident cases, the plaintiff, or the person
bringing the claim has the burden of proving every element
of the case by a preponderance of the evidence. This means
that the plaintiff must prove that a fact is more likely true
than not. Something is more likely true than not if it is
50.1 % certain, instead of 50% true.
Not only must the plaintiff prove that the other driver was
at fault, but also that it is more likely true than not that
the proven negligence caused the injuries and damages claimed
by the plaintiff. If the evidence presented by the parties
results in the jurors thinking it is a tie, the plaintiff
loses.The defendant does not have to prove anything. He can
simply sit back and deny the allegations of the plaintiff
or point the finger at someone else.
Organizing the case is critical to a smooth and efficient
presentation at trial. There is nothing more distracting and
noticeable to a jury than an unorganized attorney. The factual
and legal issues are challenging even when one is well prepared
and organized.
At trial, the order of evidence, witnesses and proof is usually
presented in chronological fashion so as not to confuse the
jury. If the facts or issues of a particular case dictate
that an order other than the chronological sequence of events
is necessary, that presentation should be simple and easy
to understand.
At trial, the most important thing to do with the witnesses
is to spend the time to prepare them. The attorney must go
over the strengths and weaknesses of the case. The attorney
must advise them of the theories and arguments that the defense
will throw at them. They must give credible and non adversarial
responses on cross examination.
At trial, the proper use of the exhibitst is critical. However,
the effective use of the exhibits is not a last minute function.
It is the culmination of planning that begins with an analysis
of the evidence, the organization of the medical records,
and finally, the effective use of the record as an exhibit.
In sum, the presentation of evidence at trial can easily
make or break the case. An experienced automobile accident
attorney knows how to present these cases so that the maximum
effect will be achieved on behalf of his client. | 
