Personal injury cases differ from other lawsuits, as it is not a certainty that a case like this will go to trial. In fact, most injury cases usually go to settlement where an offer is made to the plaintiff long before a court trial is scheduled. However, there are many different complexities to each personal injury case, and personal injury law covers a vast range of accidents, incidents and situations. At times, a trial may be necessary.
Imagine if a settlement decision cannot be reached between the two parties. (Personal injury attorneys advise their clients on whether they believe it is a fair settlement that should be accepted.) If a plaintiff is not receiving the proper amount in the settlement offer, the only option to recover compensation and damages would be to go to trial. For trial, one would definitely need the help of an attorney. A jury will listen to your case and ultimately decide not only the verdict of who is guilty but also the monetary figures of claims and compensation. An attorney has the experience to present the case in the most advantageous manner.
The steps in a personal injury trial are also very thorough and depending on the jury (and also on the expertise of your attorney) the amount of time it takes to reach a verdict varies. Trials could take a day or two, or potentially even take a couple of weeks! First your legal counsel will participate in jury selection. Interviews will take place, and of course your attorney will try to recruit jurors that will relate better to your side, to increase your chance of a successful outcome.
On the first day in the actual courtroom the trial will begin with opening statements. This is the time to make a lasting impression on the jury members. Both parties will have a time to speak to the jurors. The attorneys will present what they should expect to hear over the course of the trial and also some key highlights of the case. The injured parties’ attorney will of course explain to the jury why compensation needs to take place and also a summary of who is responsible for damages.
Following opening statements the next step in the trial is the presentation of evidence. This is the longest portion of the trial, and the personal injury attorney will go into detail to prove negligence and convince the jury of the defendant’s role in the incident or harm. There may be witnesses to take the stand at this point in the trial, and the opposing attorney will also be able to cross-examine them. Every detail can either credit or discredit a story and both attorneys will work hard to prove the other wrong.
The fourth stage of trial is the closing arguments. Both parties will present their last statement to the jurors in a concise and organized manner and will put their spin on the evidence that has been presented to date. This is the final opportunity for the injury lawyer to achieve an award of compensation and in a sense, trials do come down to this moment.
Lastly there is the process of deliberation and consensus on a verdict for the jury members. After the facts are laid out in the trial and evidence presented, a decision must be reached by this group. Some states do require full agreement of the entire group, but this varies around the US. Once a verdict is reached, this is final – unless by chance an attorney feels that an appeal is valid and could be favorable for them.
As you can see it is essential to hire an injury attorney in cases such as these. An untrained person will have a difficult time in navigating the various ins and outs of the evidence and arguments and has a much greater chance of success with experienced legal counsel at their side.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.