Personal injury lawsuits can seem long and drawn out, but the trial is only one step in the process. After the trial, there are several activities that must take place for a case to be fully resolved. In Idaho, personal injury law has specific guidelines for what happens after the trial. In this article, we’ll take a closer look at the post-trial process in Idaho personal injury law.
Table of Contents
The Jury Verdict
The first step after the trial is for the jury to deliver a verdict. In Idaho, the jury trial lasts for a set period and then the jury retires to deliberate. After deliberation, the jury returns to court with a verdict. The verdict can have different outcomes such as:
- The plaintiff wins, and the defendant owes damages
- The defendant wins, and the plaintiff does not receive damages
- The verdict is a partial or split verdict
Post-Trial Motions
After the verdict has been rendered, either party can file post-trial motions. A post-trial motion asks the court to make a ruling on specific issues. Some common post-trial motions include:
- Motion for a new trial
- Motion to set aside the jury’s verdict
- Motion for judgment as a matter of law
Motions for a new trial may be filed if there is evidence that was not presented at trial or if the verdict was against the weight of evidence. Motions to set aside the jury’s verdict are filed if there was misconduct or if the verdict was based on bias. Motions for judgment as a matter of law ask the court to overturn the verdict based on the law.
Judgment and Appeal
Once all post-trial motions have been heard, the court will enter a judgment. The judgment may be the same as the verdict or may be different depending on the outcome of any post-trial motions. Once the judgment has been entered, either party may appeal the decision to a higher court.
Appeals in personal injury cases are typically based on errors in the law or mistakes made during the trial. A successful appeal may result in a new trial or a modification of the damages awarded.
Enforcement of the Judgment
If the defendant is ordered to pay damages, they are required to comply with the judgment. If the defendant fails to pay, the plaintiff may need to take additional steps to enforce the judgment. In Idaho, some common methods for enforcing a judgment include:
- Wage garnishment
- Bank account attachment
- Liens against property
Conclusion
The post-trial process in Idaho personal injury law is a critical part of resolving a case. While the trial is important, the post-trial activities can have a significant impact on the final outcome. If you have been injured and are considering a personal injury lawsuit, it is important to work with an experienced attorney who can guide you through the entire process.