A major chunk of personal injury cases are settled outside of court, 96%, to be more specific. But some cases do go to court. The reasons include:
- Insufficient compensation
- To set a precedent
- The accident involved an act of gross recklessness
When you are part of personal injury litigation, the trial process can be very intense and complex. It requires patience and being well-prepared with a good legal team to manage the entire process.
With the assistance of attorneys who help personal injury victims, you are assured of getting the best legal advice and quality expertise.
Here are 5 things that you’ll go through in a personal injury trial.
1. The Pretrial Process and Discovery
The first process you are engaged in is called discovery, and this happens before the trial starts. In the discovery stage, both parties exchange all the relevant information and evidence for their case. This includes:
- Taking part in deposition. This is a sworn testimony that is taken outside of court but can be used as evidence in the trial.
- Providing documents such as medical reports, accident reports, or any other document that relates to the case.
- There will also be interrogatories or questions from the other party that will be answerable under oath.
2. Testimonies
The next thing to expect will be testimonies from expert witnesses such as doctors, accident construction specialists, or economists. These experts provide professional insights that are used to support or challenge the claims presented in the case.
During testimonies, there are detailed explanations relating to the causes of your injuries and treatment. The opposing side might hire experts for an independent medical examination.
3. Cross-Examination
You will need to testify when cross-examined by the opposing side’s attorney. This can be challenging, while direct examination by your lawyer might allow you to tell the side of your story in detail. Cross-examination by the opposing attorney often focuses on discrediting your testimony or bringing out some inconsistency in your story.
4. Settlement Offers
Settlement offers can happen before or during the trial. In most cases, a lot of personal injury cases often enter settlement before the trial concludes. You should be prepared to receive settlement offers during the trial. Consider weighing the pros and cons of settling with the outcome of continuing with the trial.
5. Verdict & Possible Appeals
After the case has been presented before a judge and jury, there will be deliberations based on facts, and a verdict will be delivered.
If the verdict is in your favor, then compensation will be determined and awarded, covering medical expenses, lost wages, pain and suffering, and other losses you might have experienced.
The opposite party is allowed to file an appeal if they are not satisfied with the final verdict. This will prolong the case and delay the final resolutions passed by the jury or the judge.
Conclusion
Personal injury trials can be lengthy and emotionally draining, so it is best to seek out experienced attorneys who will guide you through litigation. This will make the entire process less hectic for you. You can easily navigate the complexities involved in personal injury lawsuits with the assistance of a personal injury lawyer.
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