Personal Injury Trial
What to expect if your personal injury case goes to trial
What Happens at a Personal Injury Trial
While most personal injury cases settle before trial, some proceed to a jury verdict. Here is what to expect at each stage.
1. Jury Selection (Voir Dire)
The first step is selecting a jury. Attorneys for both sides question prospective jurors to identify any biases that might prevent them from deciding the case fairly. Once a jury is selected, the trial begins.
2. Opening Statements
Both attorneys present opening statements outlining what they expect the evidence to show. The plaintiff's attorney goes first, followed by the defense attorney.
3. Testimony and Evidence
You and other witnesses testify about the accident, your injuries, and the impact on your life. Depositions of doctors or unavailable witnesses may also be presented to the jury.
The plaintiff presents their case first. Each witness can be subject to both direct examination by the calling attorney and cross-examination by the opposing attorney.
After the plaintiff's witnesses have testified, the defense presents their case — calling their own witnesses and experts.
4. Closing Arguments
After all testimony has been heard, both attorneys present closing arguments. They summarize the evidence and argue why the jury should find in their client's favor.
5. Jury Instructions
The judge gives the jury written instructions explaining the applicable laws. These instructions guide the jury as they deliberate.
6. Deliberation and Verdict
The jury retires to a private room to deliberate. The verdict contains questions for the jury to answer, including:
- Who is at fault?
- What percentage of fault is attributable to each party?
- How much compensation should be awarded for medical bills, lost wages, and pain & suffering?
The judge reads the verdict aloud in open court.
After the Verdict
If the jury finds in your favor, the defendant's insurance company will typically pay the judgment. If they appeal or if there are collection issues, additional proceedings may be necessary.
Contact Bridgeway: (800) 531-4066 | [email protected]
Office: 1295 Northern Boulevard Suite 22, Manhasset, NY 11030
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