October 5, 2014 • Legal Terminology
Many of us do not really think about what goes on in court as we go about our daily lives. However, when we are affected by medical malpractice or suffer a personal injury and file for compensation, it becomes imperative to understand some basic legal terms. When you sustain a personal injury or are adversely affected by medical malpractice, you first step is to file for compensation after consulting with a New York medical malpractice and personal injury lawyer.
However, if the insurance company refuses to make the payment due, your lawyer will file a case in court and present arguments before the judge to ensure that you are compensated. During such a court case, your lawyer will present the arguments that show why you should be compensated, while the defense lawyer will present arguments against this.
Witnesses and Testimony
As part of the case your lawyer will present witnesses and ask them to testify about the extent of the injuries or other facts related to the case. In order to ensure that the facts of the case are presented properly, your lawyer will question the expert witness – often a medical expert – about various aspects of your injury or health. These questions are designed to ensure that the court, judge, and jury are aware of all the facts related to the case.
However, the opposition has the right to raise objections when your lawyer asks questions. Each time the defense objects to a question, they need to provide a reason as well. One of the reasons provided will be that the question is irrelevant. When this happens, the judge will ask both lawyers to come forward and explain their reasons. Your lawyer will have to explain why the question is relevant, what pertinent information they are trying to obtain, while the defense lawyer will have to explain why they think the question has no bearing on the case.
Some questions are obviously irrelevant while others might appear irrelevant because the defense is not aware of the way your lawyer is building the case.
Ruling by Judge
After hearing both sets of reasons, the judge will have to make a snap judgment ruling either that the objection is sustained. This means that the witness should not answer the question or say that the objection is overruled, which means that the witness should answer the question.
How to Overcome an Objection
When your lawyer needs to motivate or entice the witness to provide some information but the judge has sustained the objection, they lawyer needs to reframe the question differently and still obtain the information relevant to the case.
Either way, as a concerned party you need to be aware of the terms that are used in court as your case is being argued. This will enable you to better understand the progress being made.
If you require additional information about a medical malpractice or personal injury case in New York, feel free to contact Daniel Minc. He knows this arena well and will work with you in determining how to approach your legal issues