Skip to content

Judges’ Roles in Claims for Brain Injuries

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

In personal injury claims which involve brain injuries, the judge has five primary responsibilities:- Preside over, and maintain order in, the legal proceedings;- Determine whether any evidence submitted by either party is illegal or improper in anyway;- Instruct the jury regarding laws which apply to the case (in jury trials);- Evaluate the facts and make a determination about the case (in bench trials);- Sentence a convicted defendant (in criminal trials).The judge’s authority in these cases can vary depending on whether a jury is present, but in all trials for brain injuries, there are both “questions of fact” and “questions of law.” “Questions of fact” are determined by weighing both the strength of evidence and credibility of witnesses, while “questions of law” may involve the interpretation or application of a law or, if there are multiple mutually-exclusive laws in question, determining which law is applicable to the case. In jury trials, the jury will make conclusions regarding the facts of the case, while in “bench trials” – cases in which no jury is present – the judge must make conclusions regarding both questions of fact and questions of law.Although most personal injury claims are settled before a trial is necessary, your attorney will do what is necessary to ensure that your rights are protected and you can be fully compensated for your injuries and losses, including medical expenses, lost wages, and pain and suffering. If you or a loved one has suffered a brain injury in an accident due to another’s negligence, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

Submitted Comments

No Comments submitted yet. Sharing your story will help others!

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

Form successfully submitted!