Personal Injury Trials: What To Expect in Court

A personal injury case can be confusing with all the legal terms, court rules, and endless delays. Even a simple car accident case can take months before you can expect a settlement offer from the insurance company.

Knowing what to expect can help you understand your legal options. Having a trial attorney on your side is vital to guide you through the process. For more information about what to expect in court, set up a consultation with a lawyer in your area.

What To Expect at a Personal Injury Trial?

A personal injury trial is a lawsuit in civil court to recover damages for an injury accident. The injury victim files a complaint in court to hold the defendant liable for their injuries. The defendant responds with an answer. The parties go through litigation to either settle the dispute or have the court decide who is responsible and how much the victim will get in damages.

The personal injury claim process can take longer than you might expect. From the time you contact a personal injury law firm, it can take months or longer before the case finally goes to trial. Most personal injury claims settle before they go to trial. Even if you file a lawsuit, the chances of a jury trial are rare.

An experienced personal injury lawyer can explain the personal injury trial process, so you know what to expect.

What Are the Phases of a Personal Injury Lawsuit?

You can prepare for what to expect in court when you understand the different phases of a lawsuit. The stages of a civil lawsuit include:

• Pleadings: A lawsuit begins when you file a complaint with the court. The complaint is the legal basis for your claim and indicates the damages you seek. The defendants then respond by filing an answer. There can be amendments and changes to the pleadings, but the next step is usually discovery.
• Discovery: During discovery, the parties exchange information. This includes medical records, depositions, interrogatories, and other types of evidence. After exchanging discovery, your attorney will have a better idea of the strengths of your case and the amount of money you may be able to get in damages.
• Motions: After discovery, when both parties have a better sense of the facts and issues of the case, each party will likely file motions. A motion is when you ask the court to do something. The defendant will likely file a motion to dismiss. Your attorney will file an objection to that motion. Both parties may file motions to admit or exclude expected testimony.
• Pretrial conferences: The judge may hold several pretrial conferences to discuss the case. The judge will narrow down the legal issues in dispute.
• Settlement negotiations: The judge may also hold settlement negotiations to try and get the parties to come to a settlement agreement without having to go to trial.
• Trial: This is when both parties present their respective cases before the judge and a jury.

How Long Does a Personal Injury Trial Last?

A personal injury trial can last from a few days to a few months. Generally, a trial’s lifespan depends on how complex its issues are. A simple car accident case may only take a day or two. However, a birth injury or medical malpractice case can be more complicated because the plaintiff’s injuries may be permanent.

What Are the Stages of a Personal Injury Trial?

A jury trial or bench trial can decide your personal injury claim. In a bench trial, the judge decides questions of facts. Most accident victims prefer to have their case heard by a jury. Potential jurors are selected from your community. The stages of a jury trial include:

• Jury selection
• Opening statements
• Present evidence
• Witness testimony and cross-examination
• Expert witness testimony
• Closing arguments
• Jury instructions
• Jury verdict

Generally, the plaintiff’s attorney presents their case first. The defendant’s lawyer responds. The defendant’s attorney can make the final statements before the judge gives the jury instructions. The jury then deliberates and provides the judge with their verdict. The jury can determine who the at-fault party is and how much the injured victim will receive in damages.

What Types of Damages Are Available in a Personal Injury Trial?

Damages refer to the losses associated with your injury accident. In a personal injury lawsuit, you are trying to recover compensatory damages from the person who caused the accident. Damages in a personal injury claim can include:

• Medical bills
• Lost income
• Property damage
• Pain and suffering
• Punitive damages

Should I Hire a Personal Injury Attorney To Help With My Trial?

An experienced personal injury lawyer can guide you through the trial process. An attorney understands the court process and can explain your legal options. A lawyer can negotiate with the insurance company to make sure you get a fair settlement amount and can avoid the time and cost of going to trial. Instead of taking on the insurance companies alone, get help from an experienced personal injury attorney.