Stage 10 of 10: Your Personal Injury Trial

Tips on Cooperating with Your Personal Injury Attorney During Trial

This article is Part 10, the final installment of The 10 Critical Stages of a Personal Injury Lawsuit.

In the event that you do not reach a settlement during the negotiation stages, you'll appear in court with your lawyer, as will the Defendant(s). Depending on the state, there may also be a jury; if not, your case will be decided by a single judge.

Your shining contribution in a contested personal injury case is your trial testimony. Your personal injury attorney should spend a great deal of time preparing you for trial testimony in your personal injury case.

TIP: The need for your full attention during this trial preparation cannot be emphasized enough. Listen to your attorney's suggestions, and think carefully about how your testimony supports your legal positions in your case. If your attorney tells you to avoid discussing something, don't surprise him or her once you're on the witness stand.

Jury Selection. A trial begins with jury selection. Your attorney may need your full attention during the somewhat tedious process of voir dire, during which the lawyers will question jurors and eliminate some as having potentially negative biases. Your help may be particularly useful, if you are litigating an accident in the locality where you live. Listen closely, to assist your attorney in identifying possible benefits or biases of individual jurors.

Opening Statements. Next, both lawyers will give "opening statements," in which they outline their versions of the facts (which may differ greatly) and their theories of the case. Don't get too excited, when you hear the outrageous tale that the Defendant's attorney will tell during opening statements, but do listen intently. Knowing what the Defendant intends to prove can help you understand what to avoid saying, during your own testimony.

Plaintiff's Case. Following the opening statements, the "proof" phase of your trial begins. Your side goes first, to present witnesses and evidence. Usually, your personal injury attorney will call you to testify first. You will tell your story, then the defense attorney(s) will have opportunities to cross-examine you. Don't let defense lawyers rattle you, and don't let them bully you or trick you into saying something that isn't true. Remember that every question the lawyer asks is leading somewhere. Focus, and try to anticipate the direction.

TIP: On cross-examination, avoid stating opinions and avoid agreeing to the validity of facts that you do not have personal knowledge about.

Defendant's Case. Once all of your witnesses have testified and have been cross-examined, the defense will present its side in the same manner, and your attorney will do the cross-examining.

Plaintiff's Rebuttal. Your attorney may call you or any of the other witnesses back to the stand, to try to disprove any point that the defense might have made during the trial, or to add additional evidence that addresses a new issue that has arisen during the testimony.

Preparation of Jury Instructions. Following the evidence, your attorney will engage in arguments about the language used in the jury instructions, which must reflect the actual evidence and the law. You won't be involved in this phase.

Closing Arguments. Also called "closing statements," closing arguments allow the attorneys to again make arguments about the facts and the law. This time, knowing what the jury instructions will say, your personal injury attorney will attempt to tailor a version of the evidence and make arguments that closely fit the instructions that the jury will receive. The defense attorney(s) will attempt to do the same, urging the jury to believe a totally different version of the facts, which would exonerate the Defendant.

Jury Instructions, Deliberations and Verdict. Once the judge has read the jury instructions to the jury, they are sent to a room to decide your case. At this point, your work is finished. A jury may consider your personal injury case for a few hours or a few days. They may return to the courtroom to ask certain questions about the jury instructions. Often, the questions may give some indication of the direction that they are leaning, but you never really know until they return with a verdict.

The judge will read the jury's verdict silently first, then will read it publicly into the record. You will finally find out whether your hard work in the case has paid off!

Post-Trial Motions and Appeals. Following the verdict, both attorneys may make motions asking the judge to set aside the jury verdict. In the vast majority of cases, these motions will be denied. A judge, and the legal system at large, gives enormous deference to a jury verdict - one of the institutions on which American government is founded.

Even if you win at trial, a Defendant may be able to prevent you from getting your money immediately, by filing an appeal. Appeals can take as long as two or three years. Occasionally, personal injury settlements are obtained during an appeal, but in most cases, you'll have to wait for a result.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Personal Injury Attorney · Personal Injury Lawsuit