What Happens If My Personal Injury Claim Goes To Trial?

What Happens If My Personal Injury Claim Goes To Trial?
Calendar icon August 22, 2022 | Reading Time: 5 min

Whether your personal injury claim goes to trial or settles out of court is highly dependent on the details of your case. Up to 95% of cases will settle before ever going to trial, and most personal injury cases in New York are settled during the pre-trial stage where all involved parties will meet before a judge to negotiate payment for losses and injuries.

So, what happens if yours is one of the 5% of personal injury cases that goes to trial? It’s crucial that you know what to expect should this happen with your claim.

The Components of A Personal Injury Trial

When a case goes to trial, there are various steps it must go through from start to finish. In many cases, a jury selection will take place. The jury is composed of six individuals that are questioned and selected by the attorneys and with some participation by the judge.

After the jury is selected, the case will move to trial. Trials for personal injury claims begin with opening statements from the plaintiff (the person bringing the case) and defense (usually attorneys hired by the insurance company for the at fault party). Typically, the plaintiff — or injured party’s — team will open first since they have the burden of proof.

Understanding The Burden of Proof

In order to successfully file a claim against the at-fault party, the injured party’s legal team must clearly demonstrate the burden of proof. In other words, their legal team must prove by a preponderance of evidence that the defendant’s negligence caused their plaintiff’s injuries. Preponderance simply means that when the evidence is considered, it just has to tilt (even in the smallest degree) to the plaintiff’s side.

The injured party’s attorney must prove that any medical treatments, suffering, lost wages, or other losses are directly related to the injuries caused by the defendant’s negligence. To prove this, the plaintiff’s attorney may choose to call upon the injured party, witnesses, or medical experts to testify on their behalf.

Types of Witnesses In Personal Injury Trials

There are two different types of witnesses that a plaintiff attorney can call upon in personal injury trials: fact witnesses and expert witnesses.

Fact witnesses are typically brought to the stand to testify what they personally observed during or as a direct result of the accident that occurred. Fact witnesses can include eyewitnesses, friends, family members and co-workers. Other types of fact witnesses can include primary care physicians, physical therapists, chiropractors, employers, or even the injured person themselves.

The jury will also hear the testimony of expert witnesses, who are hired to explain complicated pieces of evidence in the case. Expert witnesses can include medical professionals, accident reconstructionists, vocational rehabilitation consultants or economists who can explain how the injuries have impacted a plaintiff’s life.

What Happens If The Defendant Hires Expert Witnesses To Testify?

Sometimes, the insurance defense attorneys will hire experts to challenge the validity of the injured party’s case. These experts are paid to give opinions that can seemingly contradict the evidence you have presented and challenge how the injuries or damages were caused.

Fortunately, the injured party’s attorneys will have the opportunity to cross-examine any expert witnesses brought on by the defense team. Their goal during cross-examination is to refute any personal injury claims made during the defense team’s case and make the jurors question his or her credibility.

How The Jury Determines An Award

Once all the evidence is submitted during the trial, each attorney will make a closing argument to the jury. From there, the jury must evaluate all evidence and testimony presented during the trial to determine the amount that should be awarded to the plaintiff.

Under instructions given by the judge, the jury must calculate awards for both economic and non-economic losses, like pain and suffering. The jury then deliberates or discusses the case in a private room. Once the jury come to an agreement on a verdict, the jury lets the judge know they have reached a verdict and then it is read in open court.

Why Having An Experienced Personal Injury Attorney Is Crucial

If you were seriously injured in an accident, it is imperative to have an experienced and aggressive personal injury trial attorney in your corner. Don’t settle for an attorney who will accept a lowball offer from the insurance company just to avoid going to court and don’t hire an attorney that has never tried a case.

At Cellino Law, we offer decades of hard-fought experience both inside and outside of the courtroom. Our team works hard to provide every client with the best possible representation, regardless of whether or not the case settles or your personal injury claim goes to trial. If you or someone you love was injured by someone’s negligence, call Cellino Law at 888-888-8888.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

SHARE THIS ARTICLE

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!

    Liane

  • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!

    Jayne

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward

  • My wife and I would like to take this opportunity to thank you for a fantastic job as our attorney. We could not have been more pleased with the work you and your team has done on this case. This past four years or so has been such a roller coaster for our family. We are very pleased and grateful with the result. We have made a good choice by choosing you. Thank you.

    Dave

  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.

    Linda