Most personal injury cases settle outside of court. But when a fair deal isn’t possible, your case may go to trial. So, how do personal injury trials work? Here’s what you can expect, and how a Greenville personal injury lawyer can help guide you through the process, from filing to verdict.
Why do personal injury cases go to trial?
Many personal injury claims settle out of court. The opposing sides negotiate until coming to an agreed-upon compensation amount. Hiring a personal injury lawyer to handle these negotiations with the insurance company or other representatives for the at-fault party will serve you best. Your attorney will know how much your case is worth and give you guidance for deciding whether to accept or decline a settlement offer.
When the other side refuses to negotiate productively or make a fair offer, you may decide to take your case to court and fight for justice at trial. Your personal injury attorney can help you make this decision. Once you decide to move forward, your attorney files a lawsuit on your behalf, if you have not done so already. Chapter three of the South Carolina Code of Laws typically gives victims three years to file a claim.
What is the process of a personal injury trial
Your lawyer will already have conducted a careful accident investigation to collect evidence used in settlement negotiations. If either side has discovered additional evidence, they must exchange that information during the pre-trial “discovery” step in the legal process. Then, personal injury trials work as follows:
- Jury selection: attorneys select members of the jury from a pool of potential jurors. Each side is allowed to strike four jurors out of a random selection of 20 possible jurors.
- Opening statement: The attorney for each side presents an overview of their respective case
- Presenting evidence: each side presents evidence to support their side of the story. Evidence often includes witness testimony, physical evidence, and photos or videos. Attorneys often conduct a cross-examination of the other side’s witnesses to challenge the witnesses’ claims
- Closing arguments: each side sums up their respective argument, working to convince the jury to rule in their favor
The judge gives the jury instructions to follow when deliberating the case. The jury ultimately determines a verdict, which the judge reads to the court. The verdict also includes the amount of damages, if any, that the defendant must pay the victim.
Who are the witnesses in a personal injury lawsuit?
Strong witnesses are an essential component of successful lawsuits. Your attorney will likely include a combination of expert witnesses, personal witnesses, and eyewitnesses when available. An expert witness is someone whose special knowledge supports your case.
In cases resulting from car accidents, accident reconstructionists or vehicle experts may be called. In cases of medical malpractice, your attorney will likely get input from specialists in the related field. Eyewitnesses are individuals who witnessed the accident or were present when an act of medical malpractice occurred.
Testimony from your loved ones and caregivers, as well as your own words, can attest to your suffering and how your life has changed because of the accident. This collective testimony, along with evidence from the accident scene, your medical records, or other information, strengthens your case.
How does a personal injury case end?
A personal injury case ends with a verdict. To put yourself in the best position of receiving a favorable verdict, let our experienced personal injury lawyers handle every aspect of your case. Your case outcome plays a major role in your future financial stability, access to medical care, and quality of life.
Your attorney will determine the value of your case with precise care and present evidence to convince the jury to award you true financial justice. The types of damages in personal injury cases include economic and non-economic damages. Cases involving extreme acts of negligence may warrant punitive damages, an additional monetary penalty put on the defendant and payable to you, as well.
Economic and Non-Economic Damages
Economic damages compensate you for the financial costs of the accident and its consequences. Your lawyer will calculate your medical bills and future care needs, income lost during recovery, and future income loss if you cannot go back to work, and your property damage and all other expenses.
Non-economic losses do not have a concrete bill. These damages acknowledge your physical and emotional pain, as well as the diminished quality of life. The other side will try to minimize or even dismiss these losses, but your attorney will fight to have their tremendous value properly acknowledged.
Our trial attorneys are ready to fight for you
If your personal injury case goes to trial, the team at Smith Jordan Law will fight aggressively to get you justice. We put victims’ needs first and do not back down from any opponent. Call (864) 343-2222 or contact us online to get in touch and schedule your free consultation. We understand how personal injury trials work and how to win them.
