At Shlesinger & deVilleneuve, we know that the thought of taking your personal injury case to trial can feel overwhelming. While most cases settle before stepping foot in the courtroom, some do require litigation to ensure fair compensation. Understanding what happens during a trial can help you feel prepared and confident as we help you navigate the path to a just resolution. In this article, we will review the different steps your case may go through during the litigation process.
Step 1: Pre-Trial Preparation
Before stepping into the courtroom, both sides engage in extensive pre-trial preparation. This phase includes:
- Gathering Evidence – Medical records, accident reports, expert testimonies, and witness statements are compiled, updated and reviewed to strengthen your case.
- Depositions – A deposition is a formal “interview” under oath. Both sides will take depositions of the parties involved, possible fact/damage witnesses, and sometimes, expert witnesses. Prior to your deposition, your attorney will meet with you (sometimes on several occasions) to make sure you understand the process and are adequately prepared.
- Motions & Hearings – Prior to trial, both sides may file different types of pre-trial motions to dismiss evidence or settle legal disputes before the trial begins. The court may schedule hearings for these motions which usually will not require your attendance.
Step 2: Jury Selection (legal term is Voir Dire, means “to speak the truth”)
While sometimes your lawyer may recommend a bench trial (a trial where only a Judge decides the case), most personal injury cases will be tried before a jury. If your case is being heard by a jury, the jury selection process takes place. Attorneys for both parties will have a chance to interview potential jurors to ensure an unbiased panel is chosen. A juror’s fitness for service may be challenged for cause – that’s when the judge, usually at an attorney’s request, decides the juror has a conflict of interest or may not be able to be fair or impartial in this specific case. Alternatively, if your lawyer believes a particular juror may not be best for your case and fails to convince a judge to remove them for cause, they can use a peremptory challenge to remove the juror without giving a reason. Typically, your lawyer will have 3 peremptory challenges they can use.
Step 3: Opening Statements
The trial begins with both attorneys presenting their opening statements:
- Plaintiff’s Attorney (Your Lawyer) – Because you (the injured party) bear the burden of proof in a civil case, your attorney will go first with their opening statement. This is an opportunity for your lawyer to outline the facts of your case and explain how the defendant’s (at fault party) negligence caused your injuries.
- Defense Attorney – The other attorney will then present their opening statement. Typically, the defense attorney tries to minimize liability or argue that your injuries were not caused by the defendant’s actions or that your injuries are not as bad as you claim.
Step 4: Presenting Evidence & Witness Testimonies
This is the heart of the case. Your attorney will:
- Call Witnesses – Fact/Damage witnesses, medical professionals, accident reconstructionist, and possibly other experts testify on your behalf. You will also generally be called as a witness at some point during your attorney’s presentation of your case.
- Present Evidence – Photos, videos, and records that support your claim. These generally will be introduced through one of the witnesses and will often be enlarged for the jury’s benefit.
- Cross-examine the Defense’s Witnesses – Your attorney will challenge any contradictory statements from the opposing side’s witnesses to mitigate their impact.
- Defense Strategy – Once your attorney rests, the other side will then call their witnesses and present their evidence and will likely argue that your injuries were pre-existing or that you were partially at fault. Your attorney will counter these claims with strong evidence.
Step 5: Closing Arguments
After all the evidence is presented both sides will make closing arguments to summarize their cases. Just like with opening statement, your attorney will present their closing argument and will likely emphasize:
- The severity of your injuries and their impact on your life.
- The defendant’s responsibility and failure to uphold their duty of care.
- The compensation you deserve for medical bills, lost wages, and pain & suffering.
The defense attorney will go next and try to dispute the merits of the claim and ask the jury to award you nothing or very little.
Finally, your attorney will get a chance to “rebut” the defense attorney’s closing argument. Remember, you have the burden of proof, so your attorney gets to have “the last word”.
After closing arguments and rebuttal, the judge will review a set of “jury instructions” with the jury. These instructions are intended to provide the jury with guidance during their deliberation.
Step 6: Jury Deliberation & Verdict
The jury reviews the case and reaches a decision. This may take minutes, hours, or even days. Possible outcomes include:
- Verdict in Your Favor: The jury awards damages based on your claim. The jury
- Defense Verdict: The jury finds the defendant not liable or that you did not suffer any damages. This means you lose and don’t get any compensation.
- Partial Liability: If you’re found partially responsible, your compensation may be reduced based on Oregon’s comparative negligence laws.
Step 7: Post-Trial & Appeals (If Necessary)
If the verdict is unfavorable, your attorney may explore appeals or negotiate post-trial settlements. If you win, the next step is collecting your compensation. Defense may pay the full judgment, attempt to negotiate a lesser amount, or appeal.
Final Thoughts: Should You Take Your Case to Trial?
While trials can be long and complex, sometimes they’re necessary when insurance companies refuse to offer fair settlements. At Shlesinger & deVilleneuve, we have the experience, resources, and dedication to fight for your rights in and out of the courtroom.
If you’ve been injured, contact us today for a free consultation. Let Us Fight For You!
