How Does a Personal Injury Trial Work?

People have common misconceptions about how trials occur. People don’t usually know how real trials work so they think what they see on television is accurate and that simply isn’t the case. While some of what you see on television may be true, most of it is inaccurate.

For example, most trials on television or in the movies are over in an hour but truthfully they take much longer than that. A minor car accident trial could take up to a week to complete with all the testimony and expert witnesses that are involved. If the case is more complex or the injuries are serious then it could take weeks or months for the trial to end.

A trial must first start with jury selection where each side gets to talk to all the potential jurors and decide which ones they want to keep and which ones they want to exclude. Each side has a say in what jurors are selected. Once the jurors are selected then both parties get to tell the jurors their opening statement. The opening statement tells the jurors what the case is about. Once the opening statements are concluded then the evidence is submitted to the jury. The evidence can come from witness testimony, medical personnel discussing the plaintiff’s injuries, and/or expert witnesses such as engineers or accident reconstructionists. There are also a number of different documents, depending on the details of the case, that can be included as evidence and presented to the jury. Once all of the evidence is presented then both sides get to give their closing statements. Closing statements are typically a summary of the evidence and when the attorney’s try to convince the jury why they should rule in favor for their client. The judge will then read the jury instructions which tell the jurors what the laws are and how to apply the laws to the facts of the case. The jurors will then go back to deliberate until they reach a verdict. Even after a verdict is reached, either side has the option to appeal the verdict which will drag the case out even longer.

If you have questions about trials or your personal injury case, you can either call 407-565-7386, text us at 407-644-4444, or email us at kcullen@cullen-hemphill.com. We are always happy to offer a no obligation, free consultation to discuss your case with you. There are also a number of different videos available on our YouTube channel,  https://www.youtube.com/channel/UCz5kDuiaR6fOfBBkdXH1STQ and our website, https://cullen-hemphill.com/, that may answer more of your questions.