If you’ve been injured in an accident or due to someone else’s negligence, you may have already consulted with a personal injury lawyer to help navigate the claims process. Most personal injury cases are resolved through settlement, but what happens if a fair settlement cannot be reached, and your case ends up going to trial?
In this article, we will walk you through what to expect if your New York personal injury lawyer advises you to take your case to court. Whether it’s a car accident case or any other personal injury situation, understanding the trial process can help alleviate some of the uncertainty and stress you might be feeling. We’ll cover what happens during the trial, how long the process takes, and how a car accident lawyer can guide you through every step.
The Basics of a Personal Injury Trial
A personal injury trial is a legal proceeding in which a judge (and sometimes a jury) hears the facts of the case and decides whether the defendant is liable for the plaintiff’s injuries. If you’re the plaintiff, your personal injury lawyer will present evidence to show that the other party’s negligence caused your injuries, and that you should be compensated for your damages.
Most personal injury claims settle out of court, but sometimes a settlement cannot be reached. This could be due to disputes over fault, the amount of compensation, or issues related to the severity of your injuries. In these cases, your personal injury lawyer may advise taking the case to trial to pursue a fair resolution.
The Steps in a Personal Injury Trial
Pre-Trial Preparations
Before the trial officially begins, several important steps must be taken:
Discovery Process: This is where both sides gather information and evidence from each other. Your lawyer will request documents, take depositions (formal statements under oath), and gather expert testimony. The defendant’s lawyer will do the same. The goal is to ensure both parties have all the facts before trial begins.
Pre-Trial Motions: Both sides may file motions to resolve certain issues before the trial starts. For example, a personal injury lawyer might file a motion to exclude certain pieces of evidence that they believe are irrelevant or inadmissible.
Settlement Negotiations: Even after the case is filed, the parties may continue to negotiate a settlement. In fact, many cases are settled just before or even during the trial, when both sides realize the risks of going before a judge and jury.
Jury Selection (Voir Dire)
If your case is going to trial in front of a jury, the first step is selecting the jury members. This is known as voir dire, a process in which both your personal injury lawyer and the defense attorney question potential jurors to ensure they are unbiased and impartial. The goal is to find jurors who are fair and open to hearing both sides of the case.
Opening Statements
Once the jury is selected, the trial officially begins with opening statements. Here, both the plaintiff’s and the defendant’s lawyers present a summary of what they believe the evidence will show. Your personal injury lawyer will outline how the defendant’s actions caused your injury, while the defense will present its argument.
Presentation of Evidence and Witness Testimony
This is the main part of the trial, where both sides present their evidence. This may include:
Witness Testimony: This could include the testimony of experts such as medical professionals, accident reconstruction specialists, or economists who can speak to the extent of your injuries and damages.
Documentary Evidence: Medical records, police reports, photos of the accident scene, and repair bills may all be presented as evidence.
Cross-Examination: After each witness testifies, the opposing lawyer will have an opportunity to cross-examine them. The goal is to challenge their credibility and undermine the strength of the testimony.
Closing Arguments
After all the evidence is presented, both lawyers will make closing arguments. This is their chance to sum up the case and persuade the jury (or judge, if it’s a bench trial) to rule in their favor. Your personal injury lawyer will emphasize the strength of your evidence and highlight how the defendant’s actions led directly to your injuries.
Jury Deliberation and Verdict
Once the closing arguments are finished, the jury will deliberate. In some cases, the jury might return with a verdict quickly, but in others, the process could take several hours or even days. The jury will decide whether the defendant is liable for your injuries and, if so, how much compensation you should receive. If your case is being heard by a judge instead of a jury (in a bench trial), the judge will make the final decision regarding liability and damages.
What Happens if You Win the Trial?
If the jury or judge rules in your favor, the court will award damages. Compensatory damages are meant to compensate you for your medical bills, lost wages, and pain and suffering. In rare cases, if the defendant’s actions were particularly reckless or malicious, the court may award punitive damages designed to punish the defendant and deter similar behavior in the future.
What Happens if You Lose the Trial?
If the jury or judge rules in favor of the defendant, you won’t receive any compensation. However, losing a trial doesn’t necessarily mean that your case is over. If you believe there was an error in the trial process, you may have the option to appeal the decision. This is a complicated process that requires a different set of legal arguments and procedures. If you lose at trial, your personal injury lawyer can help assess whether an appeal is viable.
How Long Does a Personal Injury Trial Take?
The length of a personal injury trial can vary greatly depending on the complexity of the case and whether the trial involves a jury. In general, personal injury trials last anywhere from a few days to several weeks. A Yonkers car accident lawyer will work to prepare your case thoroughly and try to move the process along as quickly as possible, but you should be prepared for it to take time.
How Much Does It Cost to Go to Trial?
Going to trial can be expensive. There are various costs involved, such as court fees, expert witness fees, and the cost of preparing legal documents. In most cases, however, personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win the case. This allows you to pursue your case without having to pay upfront legal fees.
What Are the Chances of Going to Trial?
While many personal injury cases do go to trial, the vast majority of personal injury claims are settled before the trial stage. Your personal injury lawyer will do everything possible to settle the case out of court, but if a fair settlement cannot be reached, they will be prepared to represent you in trial. In car accident cases, for instance, many disputes are resolved through negotiation and settlement before it becomes necessary to go before a judge.
Conclusion
If your personal injury case goes to trial, the process can feel overwhelming, but it’s important to remember that you’re not alone. A Yonkers personal injury lawyer will guide you through every step, from preparing evidence to presenting your case in court. Whether your case involves a car accident or any other type of personal injury, understanding what happens during a trial can help ease some of the anxiety. While the trial process can take time and require patience, with the help of an experienced lawyer, you can seek justice and compensation for your injuries.