The Cassidy Law Firm Blog

Thursday, April 29, 2021

What Happens at a Personal Injury Trial?

After being injured in an accident, it can feel like you have been rendered completely helpless as you watch your medical bills and expenses pile up, but struggle with the ability to pay them. You may be anxious to settle your personal injury claim so that you receive the compensation you deserve for the harm you have suffered due to the negligence of another. While most personal injury claims end up settling without the need for a lawsuit to be filed, some personal injury claims go all the way to trial.

The road to a personal injury trial can be lengthy and involved, to be sure. There will likely be a great deal of back and forth between your attorney and insurance company representatives. There may be negotiations and settlement conferences to try and facilitated settlement without the need for litigation. Extensive discovery will proceed in which both sides look to gather as much information surrounding the claim as possible. Should an insurance company persist in failing to offer an injured party an amount that does not adequately cover the harm a person has suffered as a result of an accident, the personal injury trial may proceed. What can you expect to happen at a personal injury trial? Let us talk more about that here.

What Happens at a Personal Injury Trial?

In order to be successful at bringing a personal injury claim, most people must prove that the defendant was negligent. In the legal sense, negligence means that a person or entity owed someone else a duty to act with a certain level of care, that person or entity failed to act with due care, and the failure to uphold this duty was the direct and proximate cause of injuries and other harm sustained by the plaintiff. Thus, much of a personal injury trial will go towards proving or disproving the elements of negligence.

In a personal injury trial, the injured party will sit on the plaintiff’s side, the at-fault party will sit on the defense side. In most circumstances, the insurance company for the at-fault party steps in and will be the defendant at trial. The plaintiff’s team will work hard to present the strongest case possible that the at-fault party was covered by the insurance company at the time of the accident, was liable for causing the accident, and the plaintiff sustained injury as a result. The defense team will be looking to undermine any of these elements it can.

To prove liability, or lack thereof, for an accident, the plaintiff’s team may present evidence of what happened to cause an accident. Official accident reports are likely to be presented. Witness testimony will likely be heard from those who saw the accident occurred. Photos at the scene or camera footage at the scene may also be presented. In some cases, accident reconstruction specialists will be brought in to testify as to what happened to cause an accident and what was the resulting accident like.

To prove injury sustained by the victim, and the fact that it was caused by the accident as opposed to something else such as a preexisting condition, extensive medical reports may be presented. Friends and family of the injury victim may testify as to any changes they have seen in the victim since the accident. Treating physicians and expert medical testimony will also likely be given at trial.

When both sides have had an opportunity to fully present their cases, a judge or jury will render a verdict on the relevant issues of the case. Should the plaintiff be successful in asserting that the defendant should be on the hook for damages, a damage award will also be granted. Either side may have the right to appeal the verdict.

New Jersey Personal Injury Attorneys

Are you nervous about what may be involved in a personal injury claim? Talk to the dedicated personal injury team at The Cassidy Law Firm. We can answer your questions about what you can expect and how we can help you get the full and fair compensation you deserve for the harm you have suffered. Contact us today.

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