What Happens When a Personal Injury Case Goes to Trial?

Most personal injury cases are resolved through settlements—at our firm, approximately 90% of cases never reach trial. However, when a fair settlement is not possible despite serious injuries, going to court becomes necessary. While the trial is not the preferred path, The Jackson Law Group is fully prepared to fight for our clients’ rights in the courtroom.

If you have questions about your accident or legal options, call us to schedule a consultation. Below, we outline what you can expect when a personal injury case goes to trial.

Pre-Trial Motions

Before a trial begins, both sides typically file motions that can shape how the case proceeds. Some of the most common pre-trial motions include:

  • Demurrer: After the plaintiff files a complaint, the defendant may argue that it fails to state a valid legal claim and request the judge dismiss the case. If granted, the plaintiff may have an opportunity to amend and re-file.
  • Discovery disputes: The discovery phase allows both parties to gather evidence, but disputes often arise when one side requests excessive or irrelevant information. The court may intervene to resolve these issues.
  • Motion for summary judgment: Either party can request the judge to decide the case before trial, arguing that there are no factual disputes requiring a jury’s decision. These motions rarely succeed but can sometimes prompt settlement discussions.

Jury Selection

A personal injury trial begins with jury selection, a crucial process in which attorneys for both sides assess potential jurors for impartiality. The jury will be responsible for determining fault and awarding damages, making this a key step in the trial. In some cases, a bench trial is chosen instead, where the judge alone decides the outcome.

Presentation of Witnesses and Evidence

Once the trial officially begins, the plaintiff presents their case first, including witnesses and supporting evidence to establish:

  • Fault: The plaintiff must prove that the defendant’s negligence caused the accident and resulting injuries. Often, the victim’s own testimony is critical in recounting what happened.
  • Damages: The plaintiff must demonstrate the financial and personal impact of the accident, including medical expenses, lost wages, and pain and suffering. Evidence such as medical records, expert testimony, and accident reconstruction reports may be used.

The defense has the opportunity to cross-examine the plaintiff’s witnesses and then present its own case, which may include expert witnesses, documents, and other evidence challenging the plaintiff’s claims. The plaintiff’s legal team can then cross-examine the defense witnesses.

After all evidence has been presented, both sides make closing arguments, summarizing their case and urging the jury to rule in their favor. The judge then provides instructions to the jury before deliberations begin.

Settlements Can Happen at Any Time

Even after a trial has started, settlement negotiations can continue. A defendant may agree to settle at any stage—on the morning of the trial, midway through the proceedings, or even after the jury delivers a verdict. Sometimes, after losing a key pre-trial motion, the defense becomes more motivated to negotiate a fair settlement.

Schedule a Free Consultation

At The Jackson Law Group, we have extensive experience handling personal injury trials and civil litigation. If you are considering legal action after an accident, we can guide you through your options and fight for the compensation you deserve. Contact us today to schedule a free consultation.