Going through a personal injury lawsuit trial can feel overwhelming.
Most people have never stepped foot inside a courtroom, let alone been the center of a legal battle that could determine their financial future. The truth is, most personal injury cases never see the inside of a courtroom.
Here’s the thing…
Only 4-5% of personal injury cases actually go to trial. But if you’re part of that small percentage, you need to know exactly what to expect.
What you’ll discover:
- Why Do Some Cases Go to Trial?
- The Pre-Trial Phase: Building Your Foundation
- What Actually Happens During Trial
- Timeline: How Long Will Your Trial Take?
Why Do Some Cases Go to Trial?
Before diving into what happens during a trial, you need to understand why some cases end up in court while others don’t.
The reality is simple: 95% of personal injury cases settle before they ever reach a courtroom. So why do the remaining 5% go to trial?
Usually, it comes down to one of these reasons:
- The insurance company refuses to offer fair compensation
- There’s a major disagreement about who’s at fault
- The damages are disputed
- The defendant wants to fight the case publicly
If you can’t reach a settlement through negotiations and have to go through a trial, having experienced personal injury lawyers becomes the best option to get you the compensation you deserve.
The Pre-Trial Phase: Building Your Foundation
Here’s what most people don’t realize…
The pre-trial phase is where your case is really won or lost. This isn’t about dramatic courtroom speeches you see in movies. It’s about meticulous preparation that can take months or even years.
Discovery: The Information Exchange
Discovery is probably the most important part of your case. During this phase, both sides exchange all relevant information about the accident and your injuries.
Your attorney will gather:
- Medical records and bills
- Witness statements
- Expert witness reports
- Accident reconstruction reports
- Employment records showing lost wages
The other side has to do the same thing. They can’t hide information that might hurt their case.
Depositions: Your Practice Run
Think of depositions as a dress rehearsal for trial. You’ll sit in a conference room with attorneys from both sides and answer questions under oath. A court reporter records everything you say.
Don’t worry about this part. Your attorney will prepare you thoroughly. The key is answering honestly and sticking to the facts.
Mediation: The Last Settlement Attempt
Before trial, most courts require mediation. This is where a neutral third party tries to help both sides reach an agreement.
Even at this stage, many cases still settle. It’s often the last chance to avoid trial uncertainty.
What Actually Happens During Trial
If your case makes it to trial, here’s exactly what you can expect…
Jury Selection
The trial starts with jury selection. Attorneys from both sides question potential jurors to find people who can be fair and impartial. This process alone can take several hours or days.
Your attorney will look for jurors who:
- Haven’t been involved in similar accidents
- Don’t have strong biases against personal injury claims
- Can award appropriate damages if you win
Opening Statements
Once the jury is selected, both attorneys give opening statements. This is their chance to tell the jury what they plan to prove during trial.
Your attorney will outline how the accident happened, why the other party is responsible, and what damages you’ve suffered. The defense attorney will present their version of events.
Presenting Evidence
The bulk of the trial involves presenting evidence. Your attorney will call witnesses to testify, including:
- You (to tell your story)
- Medical experts (to explain your injuries)
- Accident reconstruction experts (to explain how the accident happened)
- Economic experts (to calculate your financial losses)
Each witness can be cross-examined by the other side. This is where the defense tries to poke holes in your case.
Closing Arguments
After all evidence is presented, both attorneys give closing arguments. This is their final chance to persuade the jury.
Your attorney will tie together all the evidence and ask the jury to award specific damages. The defense will argue why you shouldn’t win or should receive less money.
Timeline: How Long Will Your Trial Take?
Most personal injury trials last between 4 days to 3 weeks. The length depends on the complexity of your case.
Simple car accident cases might wrap up in a week. Complex medical malpractice or product liability cases can take much longer.
But here’s the catch: Getting to trial takes much longer than the trial itself. Cases that go to trial typically take 2-3 years from start to finish.
Your Chances of Winning at Trial
Want to know something encouraging?
Over 90% of personal injury cases that go to trial end in victory for the injured person. That means if your case is strong enough to make it to trial, you have excellent odds of winning.
But there’s more to consider…
Winning at trial doesn’t always mean you’ll get more money than you would have through settlement. The average trial award is $52,900, but this varies widely based on the type of case and severity of injuries.
The Emotional Reality of Trial
Let’s be honest about something most attorneys won’t tell you…
Going to trial is emotionally draining. You’ll relive your accident multiple times. You’ll be questioned by opposing attorneys trying to minimize your injuries.
But remember: Your attorney is there to protect you. They’ll object to inappropriate questions and guide you through the process.
After the Verdict
If you win at trial, the jury will award damages. This might include:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical costs
- Loss of earning capacity
However, winning isn’t the end of the road. The other side might appeal the verdict, which can add months or years to your case.
Making the Decision: Settlement vs. Trial
Here’s the bottom line: Your attorney will help you decide whether to accept a settlement offer or go to trial.
Factors to consider include:
- Strength of your case: Do you have clear evidence of fault and damages?
- Insurance policy limits: Is there enough coverage to justify a trial?
- Your financial situation: Can you wait years for a trial verdict?
- Emotional tolerance: Can you handle the stress of trial?
Most experienced attorneys can give you a realistic assessment of your trial chances compared to settlement offers.
Choosing the Right Legal Representation
The most important decision you’ll make is choosing the right attorney. Not all personal injury lawyers are comfortable going to trial. Some prefer to settle every case quickly.
You want an attorney who:
- Has actual trial experience
- Isn’t afraid to take your case to court
- Has resources to fully prepare your case
- Communicates clearly about your options
Getting It All Sorted
Personal injury trials are rare, but when they happen, they require extensive preparation and the right legal team. While only 5% of cases go to trial, having an attorney prepared for that possibility gives you leverage in negotiations.
The key is understanding that trial is just one option in your case. Your attorney will help you make the best decision based on your situation’s specific facts.
Remember: Most cases settle because both sides want to avoid the time, expense, and uncertainty of trial. But if a fair settlement isn’t possible, knowing what to expect during trial helps you make informed decisions about your case.
Whether your case settles or goes to trial, the goal is getting you compensation needed to move forward with your life.
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