What to Expect When You Go to Trial for a Personal Injury Claim

Hundreds of thousands of personal injury claims are filed each year by those who have suffered harm caused by others. That includes auto accident cases, premises liability cases (such as slip-and-fall accidents), dog bite cases, medical malpractice claims, and many others. Large class-action suits against manufacturers for harm caused by defective products would also be part of any total.

The vast majority of these cases never reach a courtroom or go to trial. But some do, and if you’re considering filing a personal injury action and wonder what could happen if your case makes it to a trial, here are some things to be aware of.

Getting Started

If you’ve seen any television show that includes a courtroom scene, you might already have some sense about what the main actions in a trial will be. If a settlement hasn’t been reached, both sides will begin submitting pretrial motions, often relating to the inclusion or exclusion of evidence, in an effort to gain an initial advantage.

Some motions might even try to get the case dismissed. While it may have taken months to reach this point, a trial can often move quickly from here on.

Opening Statements

If you’re having a jury trial (versus a bench trial ruled on by a judge), the jury-selection process will begin, and both sides will question potential jurors and perhaps dismiss some. Once the jurors have been selected, the trial will begin. Your attorney will give an opening statement, trying to make your case, which the defendant’s attorney will then attempt to refute in his or her opening statement.

Witnesses and Evidence

Next, the trial will proceed in earnest, with each side (plaintiff first) presenting evidence and calling witnesses. The plaintiff’s side (your side) seeks to support the claim, while the defendant’s seeks to undermine it. Each side has a chance to examine evidence and cross-examine witnesses presented by the other.

Reaching a Verdict

After all the evidence and witnesses have been presented, each side (plaintiff first, again), will make its closing arguments. This is the last chance for each side to win over the jury, because once those arguments have wrapped up, the judge will give instructions to the jury to help with their understanding of the law around the case.

The jury will then deliberate, which often takes only hours but could take days or even weeks. When they’ve reached their verdict, the judge will announce it to the court. In many civil trials, the jury will also determine the amount of damages to be awarded. The trial will then be over.

Sometimes, a jury can’t reach a verdict, and a new trial (or a new attempt at a settlement) will be needed. And sometimes the side that loses the case will appeal to a higher court, hoping for a reversal.

Rockford Personal Injury Lawyer

The trial process, even for a personal injury case, can be confusing and intimidating. Having an experienced Illinois personal injury lawyer on your side to help you through every step is going to be helpful.

The team at Mahoney & Mahoney, LLC has a strong track record of helping clients reach favorable resolutions to their cases through pretrial settlements or in the courtroom. Give us a call today at 815-656-4600 or fill out the form below to arrange a free appointment to discuss your case and find out how we can help you.