What Happens During a Personal Injury Trial

1. Filing the Lawsuit and Pre-Trial Procedures

A personal injury trial begins when the plaintiff (the injured party) files a complaint in civil court against the defendant (the alleged at-fault party). The complaint outlines the legal basis for the claim, the injuries sustained, and the damages sought.

Summons and Service of Process

After filing, the defendant must be formally notified through a summons, which includes a copy of the complaint. Proper service ensures the defendant has an opportunity to respond.

Defendant’s Response

The defendant typically files an answer within a specified timeframe (usually 20-30 days). The answer may admit or deny allegations and can include counterclaims or affirmative defenses (e.g., comparative negligence).

Discovery Phase

Both parties exchange evidence and information to build their cases. Key components include:

• Interrogatories – Written questions requiring sworn answers.
• Depositions – Oral testimony under oath, recorded for trial use.
• Requests for Production – Demands for documents (medical records, accident reports, etc.).
• Requests for Admission – Statements one party asks the other to admit or deny.

Pre-Trial Motions

Either side may file motions to resolve issues before trial, such as:

• Motion to Dismiss – Argues the case lacks legal merit.
• Motion for Summary Judgment – Seeks a ruling based on undisputed facts.
• Motion in Limine – Requests exclusion of certain evidence.

2. Jury Selection (Voir Dire)

If the case proceeds to trial, the court selects a jury. The process includes:

• Questioning by Attorneys – Lawyers assess potential jurors for biases.
• Challenges – Each side may use peremptory challenges (dismissing jurors without cause) or challenges for cause (if bias is evident).
• Final Jury Selection – Typically 6-12 jurors, plus alternates.

3. Opening Statements

Both sides present their case overview:

• Plaintiff’s Opening – Explains how the defendant’s negligence caused harm.
• Defendant’s Opening – Refutes claims or shifts blame.

4. Presentation of Evidence

Plaintiff’s Case-in-Chief

The plaintiff presents evidence first, including:

• Witness Testimony – Eyewitnesses, medical experts, accident reconstructionists.
• Documentary Evidence – Medical bills, police reports, employment records.
• Demonstrative Evidence – Photos, videos, diagrams.

Defendant’s Case-in-Chief

The defense counters with:

• Expert Witnesses – Disputing injury severity or causation.
• Surveillance Footage – Challenging plaintiff’s disability claims.
• Alternative Liability Theories – Arguing the plaintiff was at fault.

Rebuttal and Surrebuttal

The plaintiff may rebut the defense’s arguments, followed by the defendant’s surrebuttal if new issues arise.

5. Cross-Examination and Challenges

Each side questions the other’s witnesses to:

• Discredit Testimony – Highlight inconsistencies.
• Challenge Credibility – Expose biases or unreliable expertise.

6. Closing Arguments

Attorneys summarize key points:

• Plaintiff’s Closing – Reinforces negligence and damages.
• Defendant’s Closing – Undermines plaintiff’s case, argues for lower liability.

7. Jury Instructions and Deliberation

The judge provides legal guidelines, including:

• Burden of Proof – Plaintiff must prove negligence by a preponderance of evidence.
• Damages Calculation – How to assess economic and non-economic losses.

Jurors then deliberate privately to reach a verdict.

8. Verdict and Judgment

The jury decides:

• Liability – Whether the defendant is at fault.
• Damages – Compensation awarded (medical expenses, lost wages, pain and suffering).

If the plaintiff wins, the court enters a judgment. The defendant may appeal if errors occurred.

9. Post-Trial Motions and Appeals

Post-Trial Motions

• Motion for a New Trial – Argues legal errors affected the outcome.
• Motion for Judgment Notwithstanding the Verdict (JNOV) – Asks the judge to overturn the jury’s decision.

Appeals Process

The losing party may appeal to a higher court, claiming procedural mistakes or misinterpretations of law.

10. Enforcement of Judgment

If the defendant refuses to pay, the plaintiff may enforce the judgment through:

• Wage Garnishment
• Property Liens
• Bank Levies

This structured process ensures fairness while allowing both sides to present their cases thoroughly.