Taking a Personal Injury Case to Trial

GlacierSignal Updated: 2025-08-29

In a formal legal action known as a personal injury trial, a judge or jury will consider the evidence and determine whether the defendant is liable for the plaintiff's damages and injuries. The jury then decides how much money is appropriate.
In situations where the negligent party declines to provide reasonable compensation or your lawyer feels you should have received more than what was offered, it may be essential to proceed to trial. The procedure may be costly and time-consuming.

Selection of the Jury

Jury selection is the initial stage of a personal injury trial. Here, potential jurors are questioned by the court and attorneys to ascertain whether or not they can properly decide the factual issues in a case.
Inquiries concerning past experiences, general emotions, and any firm beliefs they may have about the case are posed to potential jurors. Peremptory challenges and challenges for cause against some potential jurors are permitted by the attorneys.
Generally speaking, attorneys aim to assemble a jury that is dependable, courteous, and credible. Additionally, they are looking for a jury they believe would be sympathetic to their client. Jury deliberations might extend anything from a few hours to many days or longer, so this is crucial. During this period, normal jurors may be substituted with alternate jurors. They will hear the evidence and take part in the decision-making process, but they are unable to overturn a previously rendered decision.

Chief Case

Your case may still proceed to trial even though many personal injury cases resolve out of court, and your attorney may be able to negotiate a reasonable settlement before trial dates are established. The most crucial thing to think about is whether a trial is actually required.
The following are some of the matters that could affect a decision to proceed with a trial:.
The plaintiffs must be able to demonstrate that they incurred both real and intangible expenses as a result of the defendant's carelessness. Your Long Island personal injury attorney may invite economists and other experts to testify about their estimates of future expenditures in order to help the jury understand these expenses. There may be instances where the expert witnesses' perspectives diverge. It's called a "battle of the experts."

First Words

When the case is set for trial and the jury is chosen, the opening statements from each side will be given. In most cases, the plaintiff speaks first, followed by the defendant. However, the defendant has the option to open first if there is an affirmative defense or counterclaim.
Personal injury attorneys need to make sure they present the case in an unbiased, comprehensible manner throughout their opening statement. They must also demonstrate their own credibility by demonstrating that they are capable of managing this kind of lawsuit and possess a deep understanding of the law.
It's crucial to create a central idea for your opening remarks that you may revisit and discuss for the duration of the trial. This will assist in maintaining the jury's attention and consistency with your message.

Interrogation in Double

An important factor in determining whether a case has to go to trial is the type and quality of the evidence. In a similar vein, it's critical to think about the trial's financial and psychological effects.
Having a plan for the cross-examination is also crucial. While some lawyers seem to wing it, a well-planned cross-examination is crucial to getting useful testimony and undermining the credibility of unfavorable witnesses.
It's critical to steer clear of queries during cross-examination that can suggest your client has misled or withheld relevant information. You should also ask straightforward inquiries. Asking lengthy, intricate questions of a witness might easily confuse them and impede your efforts to get useful answers. Make sure to switch up the subject often as well. By doing this, you can lessen the likelihood that the witness will weave your questions into a story.

Final Arguments

During closing arguments, each attorney has one final opportunity to present the evidence in a way that best serves their client. In their closing argument, they are not allowed to rely on or present fresh evidence. Following the initial opportunity for argumentation by the plaintiff's attorney, the defense attorney may reply or offer a second closing, known as a rebuttal.
A skilled personal injury lawyer can inject drama into a case during the closing arguments. An injury lawyer's use of passionate rhetoric can breathe life into testimony that was dry and badly written throughout the trial.
Given that juries have limited attention spans, a strong closing argument may make the difference between a successful and unsuccessful jury trial. A lawyer trying to sway the jury during closing arguments should avoid making personal attacks or using preconceived notions.