Filing a personal injury claim is often the first step toward getting compensation for your losses and damages due to an accident. Many cases are settled outside of court through negotiations with insurance companies or mediation. However, if the at-fault party refuses to offer a fair settlement or denies liability, your case may proceed to trial.
Going to trial can seem overwhelming, especially if you’ve never been involved in a legal battle before. The courtroom process is complex, and insurance companies often have skilled legal teams working to minimize or deny your compensation. Knowing what to expect and how to prepare can make a significant difference in the outcome of your case.
Below, we outline what to do if your personal injury case goes to trial.
1. Understand Why Your Case Is Going to Trial
Most personal injury cases are resolved through settlements, but sometimes, trial is unavoidable. If the defendant (the person or entity you’re suing) refuses to accept responsibility, disputes the extent of your injuries, or offers an unreasonably low settlement, litigation becomes necessary.
Trials allow both sides to present their evidence before a judge or jury, who will then determine whether the defendant is liable and how much compensation you should receive. Understanding the reasons behind your trial can help you and your attorney build a strong case and prepare accordingly.
2. Work Closely with Your Attorney to Develop a Trial Strategy
Once your case is headed to trial, your personal injury attorney will help you develop a solid legal strategy. This involves collecting and sorting strong evidence, preparing arguments, and anticipating the opposing party’s tactics.
A good trial strategy focuses on proving negligence, which means demonstrating that the defendant had a duty of care, breached that duty, and caused your injuries. Your attorney will also help you prepare for cross-examinations, coach you on how to answer questions confidently, and ensure that all legal paperwork is in order.
Be sure to hire an experienced attorney from a reputable firm like Prince Law Firm. These attorneys have the necessary litigation skills to fight on your behalf and get you the justice you deserve.
3. Gather and Organize All Evidence
Evidence plays a crucial role in personal injury trials. The stronger your evidence, the better your chances of winning the case. Key evidence may include:
- Medical records detailing your injuries and treatments
- Police or accident reports
- Witness statements
- Photographs and videos of the accident scene
- Expert testimony from medical professionals or accident reconstructionists
It’s essential to organize this evidence properly, ensuring that every document and testimony supports your claim. Your attorney will review everything to make sure your case is as strong as possible before presenting it in court.
4. Prepare for Depositions and Witness Testimonies
Before trial, both sides will conduct depositions – interviews under oath where attorneys ask witnesses and involved parties detailed questions about the case. These depositions help attorneys understand what witnesses will say in court and can shape trial strategies.
If you are required to testify, your attorney will prepare you by conducting mock questioning sessions. Being truthful, staying calm under pressure, and avoiding unnecessary details can help you present yourself as a credible and reliable witness.
5. Know What to Expect in the Courtroom
A personal injury trial follows a structured process, which typically includes:
- Jury Selection: If your case is a jury trial, attorneys from both sides will question potential jurors to ensure a fair and impartial jury.
- Opening Statements: Your attorney and the defense attorney will present their versions of the case.
- Presentation of Evidence: Both sides will present evidence, call witnesses, and cross-examine opposing witnesses.
- Closing Arguments: Attorneys summarize their case and try to persuade the judge or jury.
- Verdict: The judge or jury will decide whether the defendant is liable and, if so, how much compensation you should receive.
Knowing these steps can help ease anxiety and allow you to better understand how the legal system works.
6. Be Ready for Cross-Examination
If you testify in court, the defense attorney will have the opportunity to cross-examine you. Their goal is to challenge your credibility and minimize your injuries or damages.
It’s important to remain calm and composed, answer only what is asked, and avoid speculation. Your attorney will help you prepare for possible questions and advise you on how to respond without giving the defense an opportunity to twist your words.
7. Consider the Possibility of a Settlement Before the Verdict
Even though your case has gone to trial, a settlement can still happen at any point before the verdict is announced. Sometimes, the defendant realizes during the trial that their chances of winning are low and offers a last-minute settlement.
Your attorney will advise you on whether accepting the settlement is in your best interest or if you should proceed with the trial. In some cases, a fair settlement may be preferable to the risks and uncertainties of a jury decision.
8. Be Prepared for the Verdict and Potential Appeals
Once the trial concludes, the judge or jury will deliver a verdict. If the ruling is in your favor, you will be awarded damages, which may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Punitive damages (in cases of extreme negligence)
However, if the verdict is not in your favor, you may have the option to file an appeal. Appeals are complex and require proving that there were legal errors in the trial that affected the outcome. Your attorney will guide you on whether an appeal is a viable option and what steps to take next.
9. Understand How Compensation Is Collected
Winning a trial doesn’t automatically mean you will receive compensation immediately. In some cases, the defendant may delay payment or file an appeal to avoid paying. Your attorney will work to enforce the judgment, whether through wage garnishments, liens, or other legal methods.
If the defendant is insured, their insurance company is typically responsible for paying the settlement or verdict amount. However, if the defendant is uninsured or refuses to pay, collection efforts may take longer.
