Steps In A Personal Injury Trial

If the party you are currently suing refuses to settle with your lawyer on correct and proper compensation for your injuries, then you will have to gear up and head to trial.

The short synopsis of what happens in the courtroom during a personal injury trial is that the jury will hear and see evidence from your personal injury attorney to determine who is to blame for your injuries, if your should obtain compensation for your injuries and for how much.

In simple terms, a personal injury trial is a disagreement between two sides, where you and your personal injury lawyer need to convince the jury that the other party is to blame. In turn, the defendant's attorney will try to shrink his client’s responsibility for your injuries.

Steps of a Personal Injury Trial

• Selecting the jury
• Opening statements from your personal injury attorney and the defense attorney
• Your evidence from your personal injury attorney
• The defense’s evidence
• Closing arguments from your personal injury attorney and the defense attorney
• Jury deliberation, where they decide the outcome
• The verdict (the outcome)

The bulk of personal injury trials take either a couple of days or a few weeks to finish. The better the evidence for your case and the expertise of your legal counsel will determine how long you will have to be in court for your trial.

Selecting the Jury
This is the first step in a personal injury trial and possibly the most important is, the selection of the jury that will hear your case.

During this first stage in the trial, the judge, your lawyer and the defense counsel will interrogate a diverse group of potential jurors.

The questions the candidates will be asked relevant with the case at hand. Depending on the answers from the candidates, your personal injury attorney, the defense lawyer and in extreme cases, the judge can excuse almost anyone from the panel.

The idea is to hopefully get a panel of jurors that can relate to you and your injuries so they will vote your way. The attorney you choose will do his or her best to make this happen.

The Opening Statements – A First Impression
This is first chance you and  to make a good first impression to the jury panel. The defense attorney will also get a chance to do the same, during his or her's opening statement to the jury.

During the opening statements, there is no evidence shown or cross-examination, it is just a preview from both sides on what’s to come throughout the course of the trial. Your legal team will give a preview of how the party being sued is responsible for your damages why the jury needs to award you proper compensation.

* Interesting Fact- Four out of five jurors when asked during a census in 2005, said even though they knew it was wrong, that the opening arguments do affect, good or bad, how they feel about the rest of the case, so having an attorney that is on top of their game is crucial.

Presentation of Evidence
Simply put, this is the time where your personal injury attorney elaborates on evidence that portrays the other party as negligent and liable for your injuries sustained during the accident.

During this step of your personal injury trial, your lawyer will call witnesses to testify and bring forth documents and reports to be put on record. The point is to tie your injuries to the other party and their negligence.

For example, a witness who saw the defendant’s car run a red light and hit your car, then medical reports of whiplash would be a strong connection making the defendant liable to your injuries.

You and possibly your lawyer will be followed by a cross-examination from the defense. The defense will also get a chance to show its own evidence.

The Closing Arguments
The closing argument is basically a chance for both parties to get a final word in and summarize the evidence that was just presented.

It is your lawyer's last chance to prove why the defendant is liable for your injuries and convince the jury that you deserve compensation.

* Interesting Fact- Suprisingly, a 2003 study of past jurors revealed that as many as 13 percent said the closing argument “sealed the deal” for them if they had been unsure prior. So the closing arguments are in no way worthless.

The Jury’s Deliberation and Verdict
After hearing both parties and seeing all the evidence associated, the jury must make a decision. If that decision is in your favor, the jury must award you damages.

If your personal injury attorney did their job, the jury will be behind doors voting in your favor.

The laws vary from state to state, and some required a unanimous vote on either side, while some need only majority.