Understanding the Stages of a Personal Injury Trial

In the United States of America, most personal injury claims are resolved via a settlement between the claimant and the defendant. Only about 5% of personal injury claims are resolved by a judge or jury in a court of law. A trial may be necessary if parties cannot agree on liability or if the defendant refuses to make the claimant a fair settlement offer. Because you are not 100% guaranteed that your personal injury claim will be resolved outside of court, you need to familiarize yourself with the jury trial process. In this article, we provide a breakdown of the general stages of a personal injury trial.

Pretrial Preparation

Before a personal injury trial, certain things must happen. First, you and your attorney must conduct thorough investigations and gather evidence that can support your case. The defense side will do the same. Another crucial thing that happens before a personal injury trial is “discovery.” This stage begins after the case has been filed in court and entails the exchange of information between you and the defendant. Information can be exchanged through various methods, including requests for documents, interrogatories and depositions. A deposition is an out-of-court testimony under oath.

Jury Selection

Once pretrial preparations are done, the next step is selecting the jury. This is a crucial step. The process of selecting jury members is called “voir dire.” This process takes place in court. During the jury selection process, the court and the lawyers ask potential jurors some questions that they must answer truthfully. The ultimate goal of the voir dire process is to choose a fair and unbiased jury to decide the issues of the case. There must be six jury members and at least one alternate in a Florida civil trial. After selecting a jury, the judge swears in the jury members, and the trial can start.

Opening Statements

Once the trial begins, attorneys for both sides will get a chance to give their opening statements outlining the facts of the case and what they intend to prove during the trial. It is vital to note that opening statements are not considered evidence and don’t carry any evidentiary weight.

Presentation of Evidence

The next step after opening statements is the presentation of evidence. Each side will present its evidence, which can include documents, pictures and videos, eyewitness testimony, and expert testimony. Every witness who testifies may be subject to cross-examination by the opposing counsel.

Closing Arguments

After both attorneys have presented their evidence, both will have an opportunity to make closing arguments. Often, this entails summarizing all the evidence presented, arguing how it supports the client’s case, and highlighting inconsistencies in the other side’s story. Usually, the plaintiff’s lawyer goes first.

Jury Instructions

Next, the judge will provide jury members with instructions on what they should consider when making their decision.

Jury Deliberation

The jury will then try to agree on whether the defendant should be held liable and, if so, the appropriate compensation for the plaintiff’s injuries.

Verdict

Once the jury reaches a decision, it will report it to the judge, and the verdict will be read aloud in the courtroom.

Contact Us for Legal Help

Our Jacksonville personal injury attorneys at The Pendas Law Firm are experienced in handling cases that go all the way to trial. Contact us today to schedule a consultation and discuss your case.

The Pendas Law Firm also represents clients in the Miami, Tampa, Ocala, Orlando, Bradenton, Daytona Beach, West Palm Beach, Naples, Melbourne, Fort Myers, and Fort Lauderdale areas.