Navigating a personal injury trial can be complex and daunting. In these cases, the injured party, known as the plaintiff, presents their arguments to prove that the defendant is responsible for the accident and should be liable for the resulting damages. The defendant, in turn, can refute the plaintiff's allegations, presenting their evidence and arguments. Ultimately, a judge or jury listens to both sides, evaluates the evidence, and returns a verdict.
While many personal injury cases are settled out of court through negotiations, some proceed to trial. Reaching a fair settlement outside the courtroom can often save time and resources. Still, it is crucial to have a personal injury lawyer prepared to take the case to trial if necessary. An experienced attorney can provide invaluable assistance, whether negotiating a settlement or presenting a compelling case in court.
Understanding the trial process is essential for anyone involved in a personal injury lawsuit. Being well-informed about what to expect can help alleviate some of the stress and uncertainty of legal proceedings. It better prepares you to make informed decisions and to work effectively with your lawyer.
To discuss your case with a Kansas City attorney, call Bertram & Graf, L.L.C. at (888) 398-2277. You can also message us online, and we’ll respond promptly.
The Stages of a Personal Injury Trial
Understanding the various stages of a personal injury trial can help demystify the legal process and prepare you for what lies ahead. This section will delve into the steps involved, providing a clear picture of how a trial unfolds from start to finish.
Jury Selection
Selecting an impartial jury is crucial for a fair trial. This process, known as voir dire, involves selecting individuals who can evaluate the case without bias. Jurors must be able to weigh the evidence impartially and reach a fair verdict.
Attorneys for each side will ask potential jurors about their backgrounds, experiences, and potential biases to assess whether they can be fair and impartial. This questioning helps to identify and exclude those who might have prejudices related to the case.
Opening Statements
The trial begins with opening statements from both sides, setting the stage for the case's trajectory.
Each side outlines its case, explaining what it intends to prove and giving the jury a roadmap of the evidence it will present. The plaintiff’s attorney will describe the incident, the injuries sustained, and why the defendant should be liable. The defense attorney will provide their version of events to refute the plaintiff’s claims and highlight weaknesses in their case.
Presentation of Evidence
Both sides present their evidence to support their claims and defenses.
The plaintiff’s case involves demonstrating that the defendant’s actions caused their injuries.
They may attempt to establish liability through:
- Testimony of witnesses
- Presentation of physical evidence
- Statements of expert witnesses
The defendant’s case will center around refuting the plaintiff’s claims.
Their refutation may be accomplished through the following:
- Cross-examination of the plaintiff's witnesses
- Presentation of defense witnesses and evidence
Closing Arguments
After all evidence is presented, both sides summarize their cases. The plaintiff’s closing arguments will emphasize key evidence and arguments supporting their claims. In contrast, the defendant’s statements will highlight the evidence and arguments refuting the plaintiff's case.
The closing arguments are the last opportunity for each side to address the judge or jury and underscore the most compelling parts of their case.
Jury Instructions and Deliberations
The judge explains the legal standards the jury must apply and the level of proof required to reach a verdict. Their instructions include defining the claims and discussing potential damages.
The jurors discuss the case in private, considering all the evidence and testimonies. They must determine whether the defendant is liable for the plaintiff’s injuries and, if so, the amount of compensation owed. In most cases, a three-fourths majority (9 out of 12 jurors) is needed to reach a verdict.
Verdict
The jury announces its decision, concluding the trial. The foreperson will notify the court and provide a signed verdict form.
The verdict can be in favor of either the plaintiff or the defendant. If the jury cannot reach a majority decision, the judge may take various actions, including sending the jury back for further deliberation or declaring a mistrial.
Legal Representation for Negotiations and Trials
Trials can be lengthy and costly endeavors. Preparing and presenting a case require significant time, effort, and resources. For this reason, many personal injury cases are resolved through settlements, which can provide a quicker and less expensive resolution. However, when a fair settlement cannot be reached, having an attorney prepared to go to trial is invaluable.
An experienced personal injury lawyer can provide the necessary guidance and advocacy to present your case effectively, whether in court or at the negotiating table. They can help gather evidence, prepare for trial, and develop a strategy to work toward a favorable outcome.
At Bertram & Graf, L.L.C., we serve the people of Kansas City. Schedule a consultation by calling (888) 398-2277 today.