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Most personal injury cases in Texas resolve through settlement, but not all. If your case doesn’t settle, it may proceed to trial, where the process becomes more formal, time-consuming, and uncertain. In Bryan and Brazos County, understanding the litigation process can help you prepare for what lies ahead. This guide from our experienced Bryan personal injury attorneys explains the key phases of a Texas personal injury trial, the risks involved, and how to work with your attorney to build a strong case in court.
What to Expect When a Brazos County Injury Case Goes to Trial
If your injury case doesn’t settle, it enters the litigation phase. In Brazos County, this process typically spans 12 to 24 months from the time of filing to a final verdict, though court schedules and case complexity can extend that timeline.
The litigation process begins with pleadings, which are formal documents filed by both sides outlining claims and defenses. This is followed by discovery, where each party gathers evidence, exchanges documents, and takes depositions. Pre-trial motions may be filed to resolve legal issues before the case reaches a jury.
Thorough preparation is essential. Your attorney will collect medical records, expert opinions, and witness statements to support your claim. Because litigation can be emotionally and financially demanding, it’s important to work with a legal team familiar with Brazos County courts who can guide you through each step.
What Are the Main Phases of a Texas Personal Injury Trial?
Jury Selection (Voir Dire)
In Brazos County, the trial begins with jury selection, or voir dire. During this phase, attorneys from both sides question potential jurors to uncover any biases or conflicts of interest. The goal is to seat a fair and impartial jury. Your attorney will use strategic challenges to help shape the jury panel.
Presentation of Evidence
After jury selection, both sides present opening statements to outline their case. As the plaintiff, you carry the burden of proof. Your legal team must demonstrate that the defendant’s negligence caused your injuries and resulting damages.
Evidence is introduced through documents, photographs, and witness testimony. Expert witnesses often play a key role. Medical experts may explain the extent of your injuries and economists can estimate lost income or future care costs. The defense may also present its own experts to dispute your claims. Cross-examination allows each side to challenge the other’s evidence and credibility.
Closing Arguments and Jury Verdict
Once all evidence has been presented, attorneys deliver closing arguments to summarize their positions and persuade the jury. The jury then deliberates privately, applying the judge’s legal instructions to the facts of the case.
The jury may award full compensation, a reduced amount, or no damages at all. The outcome depends on how convincingly each side presents its case and how the jury interprets the evidence and legal standards.
What Are the Risks and Costs of Going to Trial?
Taking a personal injury case to trial involves significant risks and expenses. Litigation costs in Texas can include expert witness fees, court filing fees, and attorney preparation time. While many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win, there may still be out-of-pocket expenses for trial preparation.
Trials also demand a substantial time investment. You may need to attend hearings, depositions, and the trial itself, which can last several days or even weeks. The emotional toll can be high, especially when the outcome is uncertain.
There’s also the possibility of receiving less than a prior settlement offer or nothing at all. However, some cases must go to trial when the parties cannot agree on liability or damages. In such situations, trial may be the only path to pursue fair compensation. Always review settlement offers carefully with your attorney, weighing the certainty of a known amount against the unpredictability of a jury verdict.
Common Misconceptions About Personal Injury Trials
Several myths surround personal injury trials. One common misconception is that going to trial guarantees a higher payout. In reality, juries can be unpredictable and may side with the defense, especially if liability is unclear or evidence is lacking.
Another myth is that trials are quick. While the courtroom portion may last only a few days or weeks, the preparation, including discovery, expert evaluations, and pre-trial motions, can take months or even years.
Some plaintiffs also believe that jury sympathy will lead to a favorable verdict. However, jurors are instructed to base their decisions strictly on the evidence and the law. A successful case relies on thorough documentation and credible expert testimony, not just emotional appeal.
How to Prepare for Trial in a Brazos County Injury Case
If your case is heading to trial, preparation is crucial. Work closely with an experienced personal injury attorney who understands Brazos County court procedures and can guide you through each phase of litigation.
Keep detailed records of your injuries, treatments, and financial losses. These documents will be essential during discovery and trial. Be prepared to participate in depositions and undergo evaluations by medical or vocational experts.
Understand your role in the courtroom. You may be called to testify, and your demeanor can influence how the jury perceives your credibility. Your attorney will help you prepare for this and how to present yourself effectively.
Also, explore alternative dispute resolution options like mediation. In some cases, these methods can resolve disputes more efficiently and affordably than a full trial.
Work with a Trial-Ready Personal Injury Lawyer in Bryan, TX
If your injury case doesn’t settle, you need a legal team prepared to advocate for you in court. At The Payne Law Group, we have decades of trial experience in Brazos County and a deep understanding of the local legal landscape. Contact us today to schedule a free consultation and learn how we can help you navigate the trial process with confidence.