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When you’re injured due to someone else’s negligence, seeking compensation through a personal injury claim is often the best way to recover damages for medical bills, lost wages, and pain and suffering. However, not all personal injury cases are resolved through settlements. Sometimes, the insurance company or the defendant might refuse to offer a fair settlement, and the case must go to trial.
Scott Scherr at The Payne Law Group understands how overwhelming the prospect of a trial can be. The trial process can be complicated, but with the right attorney by your side, you can navigate the legal system with confidence. Here’s what you can expect if your personal injury claim goes to trial.
Pre-Trial Preparation
Before your case even makes it to court, there will be extensive preparation. Both parties—your attorney and the defendant’s legal team—will gather evidence, depose witnesses, and develop strategies. Here’s an overview of what will happen before the trial:
- Discovery Process: Both parties will exchange documents and evidence, including medical records, accident reports, witness testimonies, and expert opinions. This helps both sides understand the strengths and weaknesses of the case.
- Depositions: Depositions are sworn statements made under oath by the parties involved and witnesses. Your attorney will prepare you for your deposition and may also depose the other side’s key witnesses.
- Motions: Attorneys may file motions with the court to dismiss the case or limit the evidence allowed at trial. These motions are legal arguments that can shape the course of the trial.
- Settlement Negotiations: Even if the case is scheduled for trial, settlement talks may continue up until the last minute. At The Payne Law Group, we always aim to secure a fair settlement for our clients, but we’re also fully prepared to take your case to court if necessary.
The Trial Begins: Jury Selection
When the trial begins, the first step is jury selection. Both the plaintiff (you) and the defendant have the opportunity to question potential jurors in a process called “voir dire.” The goal is to select a jury that is impartial and can fairly evaluate the case.
Both parties will use this process to eliminate jurors who may be biased or have conflicts of interest. Once the jury is selected, the trial can begin.
Opening Statements
The trial typically begins with opening statements from both the plaintiff and defendant. This is your attorney’s opportunity to explain the case to the jury. They will outline the evidence and explain why you are entitled to compensation. The defendant’s attorney will then present their side, stating why they believe you are not entitled to damages.
It’s important to note that during opening statements, no evidence is actually presented—this is just a preview of what’s to come.
Presentation of Evidence
After opening statements, the trial proceeds with the presentation of evidence. This is when both sides present their case to the jury through witness testimony, expert testimony, and physical evidence. Here’s a breakdown of what to expect:
- Plaintiff’s Case: Your attorney will call witnesses, including yourself if necessary, to testify about the accident, your injuries, and the impact on your life. Expert witnesses, such as medical professionals, may also testify to establish the extent of your injuries and their long-term effects.
- Defendant’s Case: The defense will then have the opportunity to present their side. They may call witnesses to dispute your version of events or present evidence to show that their client was not at fault.
- Cross-examination: Both sides will cross-examine the opposing side’s witnesses in an attempt to undermine their credibility or weaken their testimony.
This phase of the trial can be lengthy, as both sides will present all of their evidence and testimony to the jury.
Closing Arguments
After both sides have presented their case, the trial will proceed to closing arguments. In closing arguments, each attorney will summarize the evidence and attempt to persuade the jury to rule in their favor.
Your attorney will reiterate the strength of your case and emphasize why you are entitled to compensation, while the defense will argue why they believe you should not be awarded damages.
Jury Deliberation and Verdict
Once closing arguments are completed, the jury will retire to deliberate. They will discuss the evidence presented during the trial and decide whether the defendant is liable for your injuries and, if so, how much compensation you should receive.
Jury deliberations can take anywhere from a few hours to several days, depending on the complexity of the case. After the jury reaches a verdict, they will return to the courtroom and announce their decision. If the jury finds in your favor, they will also determine the amount of damages you are entitled to receive.
Post-Trial: What Happens Next?
After the jury delivers their verdict, there are a few potential outcomes:
- If You Win: If the jury finds in your favor, the defendant is ordered to pay you compensation for your injuries. However, the defendant may choose to appeal the decision, which could delay the payout.
- If You Lose: If the jury finds the defendant is not liable, you won’t receive compensation. However, your attorney may file motions to challenge the verdict, and in some cases, a new trial can be requested.
Appeals Process
If either party is unhappy with the trial’s outcome, they can appeal the verdict to a higher court. Appeals can be lengthy and complex, but if your case involves clear legal errors, it may be possible to overturn the original verdict. Scott Scherr at The Payne Law Group is well-versed in handling appeals and will advocate for your best interests at every stage.
Your Trusted Personal Injury Law Firm
Going to trial can feel daunting, but knowing what to expect can help reduce some of that stress. While the trial process may be lengthy and complex, with the right attorney guiding you, you can feel confident that your case is in good hands.
If you or a loved one has been injured and you are considering a personal injury claim, contact attorney Scott Scherr at The Payne Law Group today. We’re committed to fighting for your rights and ensuring that you receive the compensation you deserve.