James R. Balmforth: How a Trial Works

The trial process in cases can sometimes be a complicated process. Adding stress to your already-stressful case. By helping you understand each stage in your lawsuit, you can better prepare for the future and what to expect in your claim. We understand that your case is important to you and it is important to us too – so we will help you in every way we can.

Preparation for Trial

When trial is set to begin, many things will happen. Both parties will have the opportunity to speak to the judge or jury in your case. Opening Statements are made and then witnesses are called. You may be called first, during the middle, or at the ending depending on what your lawyer thinks is the best strategy for you. In many cases of injuries or accidents or medical malpractice, physicians and expert doctors will come to testify about your case.

The standard of care is the duty that is owed to you by a doctor or physician. If a doctor breaches that duty; then, there is malpractice. Witnesses can also come into court to testify about how you have been damaged and how you have been functioning since the injury or accident.

The Trial

The jury will be selected for the case. The defendant will attempt to have your case dismissed through their opening statement, but your trial will very likely move forward. Your attorney will represent you in your case by showing what the doctor should have done; show that the doctor breached the duty of care to you and you have suffered injuries and damages as a direct and proximate cause of the breach. A trial can take a day or can take weeks. We’ve even seen one go for over a month. Yours may depending on the situation. After the closing arguments are made; then the judge or jury will go to decide your case. After deliberations; then the court will read the verdict or the decision of your case.

Many Cases End in Settlement

Settlements are very frequent in litigation because the time and cost of going to a trial is very extensive. Whether you want to have your case heard or not can also play a role as to whether you decide to settle or not.

What Should I Know About Child Custody in Utah?

In Utah,, judges know how stressful and difficult it can be to go through a custody dispute with your spouse or Ex. Parents typically have an idea in their head about what works best for thier children,, and the courts in Utah use this as a great place to start in the midst of custody battles. Parents need to work together to determine many aspects of a custody case under Utah law, which is where the experts come in.

Parenting Plans

Some parents are able to come to a mutual agreement on a parenting plan that works for them during and after the divorce. Without a parenting plan, the court will assume that they must come up with a plan for the children themselves. Many parents want to put that power into their own hands. It is always a good idea to have help from a family law attorney. When you have help from an experienced lawyer, you’ll remember to including certain items that will make your parenting plan complete and you won’t later say, I forgot about that.

If the parenting agreement is easily done, then the next step is a custody order which has to be done through court. You can’t do a family law case without going through court – you might not have to physically go into court, but the court system must be used or you will regret it.