What to Expect During a Personal Injury Trial
1. Pre-Trial Preparations
Before a personal injury trial begins, both parties engage in extensive preparations to build their cases.
Discovery Phase
The discovery phase allows both the plaintiff (injured party) and defendant (alleged at-fault party) to exchange evidence. This includes:
- Interrogatories – Written questions requiring sworn answers.
- Depositions – Oral testimonies under oath from witnesses, experts, and involved parties.
- Document Requests – Medical records, police reports, employment records, and other relevant documents.
- Expert Witness Disclosures – Reports from medical professionals, accident reconstructionists, or economists.
Motions Filed Before Trial
Either side may file motions to shape the trial’s scope, such as:
- Motion for Summary Judgment – A request for the judge to rule in favor of one party without a full trial if no factual disputes exist.
- Motion to Exclude Evidence – An attempt to prevent certain evidence from being presented.
- Motion to Compel – A demand for the opposing party to provide requested evidence.
Settlement Negotiations
Many cases settle before trial. Mediation or negotiation attempts may occur up until the trial begins.
2. Jury Selection (Voir Dire)
If the case proceeds to trial, jury selection is the first step.
Process of Voir Dire
- Potential jurors are questioned by attorneys and the judge to assess biases.
- Each side can challenge jurors:
- For Cause – If a juror shows clear bias.
- Peremptory Challenge – Limited strikes without stating a reason (subject to anti-discrimination laws).
Importance of Jury Composition
A well-selected jury can influence the trial’s outcome, as jurors interpret evidence and determine liability and damages.
3. Opening Statements
Both sides present their case’s overview to the jury.
Plaintiff’s Opening Statement
- Outlines the incident, injuries, and why the defendant is liable.
- May preview key evidence and witness testimonies.
Defendant’s Opening Statement
- Challenges the plaintiff’s claims, disputes liability, or minimizes damages.
- May argue contributory negligence (plaintiff’s fault in the accident).
4. Presentation of Evidence & Witness Testimonies
The bulk of the trial involves presenting evidence and examining witnesses.
Plaintiff’s Case-in-Chief
The plaintiff presents evidence first, including:
- Medical Experts – Testify about injuries, treatment, and long-term effects.
- Eyewitnesses – Describe the accident and its aftermath.
- Economic Experts – Calculate lost wages, medical costs, and future expenses.
- Documentary Evidence – Photos, videos, medical bills, and accident reports.
Defendant’s Case-in-Chief
The defense counters with:
- Disputing Liability – Arguing the plaintiff was at fault or the injury wasn’t severe.
- Alternative Causes – Suggesting pre-existing conditions or unrelated incidents caused harm.
- Mitigating Damages – Challenging the plaintiff’s claimed losses.
Cross-Examination & Rebuttal
- Each side questions the other’s witnesses to undermine credibility.
- The plaintiff may call rebuttal witnesses to counter defense arguments.
5. Closing Arguments
Both sides summarize their cases, reinforcing key points.
Plaintiff’s Closing Argument
- Reiterates evidence proving liability and justifying compensation.
- Appeals to jurors’ emotions with impactful storytelling.
Defendant’s Closing Argument
- Highlights weaknesses in the plaintiff’s case.
- Urges jurors to reject excessive damages or find no liability.
6. Jury Instructions & Deliberations
Judge’s Instructions to the Jury
The judge explains:
- Legal Standards – Burden of proof (preponderance of evidence in civil cases).
- Elements of the Claim – What the plaintiff must prove (duty, breach, causation, damages).
- Damages Calculation – How to assess economic and non-economic losses.
Jury Deliberations
- Jurors discuss the case privately.
- They must reach a unanimous (or majority, depending on jurisdiction) verdict.
- If deadlocked, a mistrial may be declared.
7. Verdict & Post-Trial Motions
The Verdict
- The jury announces its decision on liability and damages.
- If the plaintiff wins, compensatory (and sometimes punitive) damages are awarded.
Possible Post-Trial Motions
- Motion for Judgment Notwithstanding the Verdict (JNOV) – Asks the judge to overturn the jury’s decision.
- Motion for a New Trial – Requests a retrial due to legal errors or misconduct.
- Appeal – Either party may appeal to a higher court if they believe legal mistakes affected the outcome.
8. Factors Influencing Trial Length & Complexity
Several factors determine how long a trial lasts:
- Severity of Injuries – More complex medical testimony extends proceedings.
- Number of Witnesses – Multiple experts and eyewitnesses prolong the trial.
- Legal Disputes – Motions and evidentiary challenges add delays.
- Jury Deliberation Time – Some verdicts take hours; others take days.
9. Emotional & Financial Considerations
Emotional Toll
- Testifying about injuries can be stressful.
- Cross-examination may feel aggressive.
Financial Impact
- Trials are costly (attorney fees, expert witnesses, court costs).
- Contingency fees (common in personal injury cases) mean plaintiffs pay only if they win.
10. Alternatives to Trial
Settlement at Any Stage
Even during trial, parties may settle to avoid uncertainty.
Mediation & Arbitration
- Mediation – Neutral mediator helps negotiate a settlement.
- Binding Arbitration – A private arbitrator decides the case, often faster than court.
This structured breakdown ensures readers understand each phase of a personal injury trial, from pre-trial preparations to verdict and beyond.