What to Expect When Your Personal Injury Case Goes to Trial

Most personal injury cases are settled before they reach trial, but when settlement negotiations fail, going to court becomes the next step to secure compensation for your injuries. Preparing for a trial can feel overwhelming, but understanding the process can help ease some of that uncertainty. Your Philadelphia personal injury lawyer should guide you on what to expect when your personal injury case goes to trial, from jury selection to the final verdict.

Jury Selection (Voir Dire)

The first step in a personal injury trial is jury selection, also known as voir dire. During this process, both the plaintiff’s and defendant’s attorneys, along with the judge, select impartial jurors who will decide the case. Attorneys ask prospective jurors questions to determine if they have any biases that might affect their decision-making. For example, someone with a background in insurance might be excused due to potential biases regarding personal injury claims.

Jury selection is crucial because jurors will ultimately determine whether you’re entitled to compensation and how much you’ll receive. A fair and impartial jury is essential to ensuring a just outcome.

Opening Statements

Once the jury is selected, each side delivers an opening statement. The plaintiff’s attorney goes first, outlining the case and explaining what they intend to prove. The goal is to give the jury a roadmap of the case, setting the stage for the evidence they’ll present to support your claim.

The defendant’s attorney then gives their opening statement, presenting their side of the story. They may argue that the plaintiff’s injuries aren’t as severe as claimed, that the defendant was not at fault, or that the damages requested are excessive. Opening statements are not evidence but provide a preview of each side’s arguments.

Presentation of Evidence

The next step is the presentation of evidence, which is the most important and often the lengthiest part of a personal injury trial. Each side presents evidence to support their claims, which may include:

• Witness Testimony: Both sides call witnesses to testify. For the plaintiff, witnesses may include the injured party, medical experts, and accident reconstruction specialists. The defendant may call witnesses to refute the plaintiff’s claims or downplay the severity of the injuries.
• Medical Records: Medical records are often presented to document the extent of the injuries and the treatments required. These records serve as concrete evidence of the physical impact the accident has had on the plaintiff.
• Expert Witnesses: In addition to eyewitnesses, expert witnesses such as medical professionals, economists, and vocational experts may testify to explain complex aspects of the case. For example, a medical expert might explain the extent of the injury and future medical needs, while an economist may testify about lost future income.
• Accident Reports and Photos: If applicable, police reports, accident scene photos, and videos are presented to illustrate the accident and establish liability.

The plaintiff’s side presents their evidence first, aiming to prove that the defendant’s negligence caused the injury and that the damages sought are reasonable. Afterward, the defendant’s side presents their evidence, often seeking to disprove liability or diminish the severity of the damages.

Cross-Examination

During the trial, each witness is subject to cross-examination by the opposing attorney. Cross-examination allows each side to question the other side’s witnesses, challenging their credibility or the accuracy of their statements. For example, if a witness testifies to the severity of the injury, the defense attorney may ask questions to undermine that testimony, perhaps suggesting that the injury was pre-existing or not as serious as claimed.

Cross-examination is a powerful tool for both sides, and it’s common for attorneys to question witnesses aggressively. Witness credibility can play a significant role in the outcome, so attorneys strive to highlight inconsistencies or biases in the opposing witnesses’ testimony.

Closing Arguments

After all the evidence has been presented, both sides give closing arguments. This is an opportunity for each attorney to summarize their case, emphasizing key points and persuading the jury to side with their client. The plaintiff’s attorney usually goes first, reiterating the evidence that supports their claims and explaining why the defendant should be held responsible for the damages.

The defense attorney then gives their closing argument, countering the plaintiff’s points and arguing that the evidence does not support the claims made. They may highlight inconsistencies in the plaintiff’s testimony or argue that the requested damages are excessive.

Jury Instructions and Deliberation

After closing arguments, the judge provides the jury with instructions on how to interpret the law and apply it to the case. The judge will outline the elements of negligence, what constitutes damages, and the burden of proof required for a verdict in the plaintiff’s favor.

Following these instructions, the jury retires to a private room for deliberation. Deliberation can last anywhere from a few hours to several days, depending on the complexity of the case. During deliberation, jurors discuss the evidence, evaluate witness credibility, and ultimately decide whether the plaintiff has met the burden of proof.

The Verdict

Once the jury reaches a decision, they return to the courtroom to announce their verdict. The verdict will state whether the defendant is liable for the plaintiff’s injuries and, if so, the amount of damages awarded. There are two primary outcomes:

• In Favor of the Plaintiff: If the jury finds the defendant liable, they will determine the amount of compensation the plaintiff is entitled to receive. This amount can include compensatory damages for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
• In Favor of the Defendant: If the jury finds that the defendant is not liable, the plaintiff will not receive any compensation.

If either side believes there were legal errors during the trial, they may file an appeal to challenge the verdict. However, appeals are generally based on procedural errors rather than disagreements over the jury’s interpretation of the evidence.

Preparing for a Personal Injury Trial

Going to trial can be a lengthy and emotional process, so it’s crucial to prepare both mentally and practically. Your attorney will help you understand what to expect, gather the necessary evidence, and develop a strategy for presenting your case effectively. Having an experienced personal injury attorney by your side can make a significant difference in navigating the complexities of trial proceedings.

Contact The Villari Law Firm

While many personal injury cases settle before trial, understanding what to expect if your case goes to court is essential. A personal injury trial is a detailed, step-by-step process that involves jury selection, opening statements, presentation of evidence, cross-examination, closing arguments, jury instructions, and a final verdict. Although trials can be intimidating, a well-prepared attorney can help guide you through the process and work toward achieving the best possible outcome for your case.

If you’re considering filing a personal injury lawsuit or your case is approaching trial, The Villari Law Firm can help. We have extensive trial experience and will work diligently to build a compelling case on your behalf. Contact us today for a free consultation to discuss your options and learn how we can support you through every step of your legal journey.

Source:

judiciallearningcenter.org/your-day-in-court/