Most personal injury trials involve a jury. Prior to court proceedings commencing, however, you will have to settle any debts you incurred through compensation of damages received and any creditors demanding repayment of that sum.
Damages are awarded in order to compensate you for the physical, emotional and financial losses resulting from an accident. These damages include economic ones like medical bills and lost wages as well as noneconomic ones like pain and suffering.
Jury selection
Jury selection is the process in which potential jurors are interviewed about their experiences and beliefs that might impede their impartial decision-making of a case. A judge and attorneys must ensure that their chosen 12 jurors, plus any alternates, meet all qualifications to serve on juries by closely inspecting each potential member during this phase.
A court selects potential jurors from the community using a random selection process. Once chosen, a judge provides an overview of the case before asking lawyers to conduct voir dire (questioning of potential jurors about backgrounds, experiences, biases and preferences).
Judges and lawyers may use challenges for cause to eliminate potential jurors from the jury pool based on how they respond to questions posed to potential jurors, while peremptory challenges (allowing them to skip any potential juror whom they think might be biased against them) provide another means of selection. Each side will question potential jurors until they have enough members for trial proceedings.
Case-in-chief
Case-in-chief is the main part of any trial during which each party presents its evidence. In a personal injury trial, for example, this may involve calling witnesses and providing physical evidence such as photographs or documents as part of their case-in-chief presentation.
Plaintiffs need to convince a jury of the defendant’s responsibility for their injuries and losses during case-in-chief, so they will typically call and examine expert witnesses, present witness testimony and introduce exhibits that support their case.
During their case-in-chief, defendants will present evidence to counter the plaintiff’s evidence and support their argument that they are not liable. Furthermore, they may present any counterclaims they have against the plaintiff or third parties as well as crossclaims they have against third parties. If they believe the plaintiff has failed to establish his/her case sufficiently, they can move for a directed verdict from the judge; if granted by them, this case will end in their favor; otherwise it will continue.
Jury instruction
Once all evidence is presented and witness testimony heard, and closing arguments have concluded, the judge will issue jury instructions that will guide their deliberations process. Lawyers often submit proposals for these instructions that they believe would benefit their client; ultimately however, judges decide the final content and wording. Ideally these instructions should be clear, concise, nonrepetitive, relevant to case details, understandable by an average juror, and correctly state law.
Once in the jury room, deliberation will commence systematically in accordance with its instructions; this could take anywhere from several hours or days depending on how complex your case is.
Jurors will then review and carefully consider all trial exhibits, discussing each piece of evidence among themselves in order to establish whether the defendant was at fault in your accident, as well as what compensation you should receive for your injuries.
Trial
Trial is the final stage in personal injury litigation and will determine who is at fault for your injuries and the award that should be granted to you from them. A jury will weigh all evidence presented by both sides before being given instructions from a judge or panel to issue their ruling.
At trial, your attorney will present evidence against the defendant that proves their responsibility for your injuries, such as medical records, expert witness testimony and photographs of them. At this point, they can also present counterevidence that might cast doubt upon your claim.
Personal injury victims typically receive damages for their pain and suffering, including past and future medical expenses; lost earnings; property damage; and more. A lawyer can help you evaluate whether to settle or go to trial based on the strength of your case and potential jury compensation; they will create a Bill of Particulars detailing injuries suffered as well as amounts that should be awarded as damages for losses sustained by creating a Bill of Particulars documenting such losses.