What Happens if My Personal Injury Case Goes to Trial?

In this hectic world where everyone is rushing somewhere, where our attention is minimal and where haste and bad judgements lead to plenty of different accidents, our safety is imperative.

What happens if we do not manage to keep ourselves safe and if we are in an accident and we suffer some injuries? What happens then, what do we need to do? Well, depending on the accident, and the case in general, including your injuries, there is only one thing you can do that will be the best move – hire a personal injury lawyer like

Despite what the popular opinion is you should always have a lawyer on your side whenever you are in any type of accident. Most people advocate the rule that if the accident isn’t that substantial and if you are not suffering from any dangerous and life-threatening injuries and issues, lawyers are not needed and you can settle your case on your own. This is a big misconception and a big No-No.

No matter what type of accident, what type of injury, what type of settlement you think you can get you should never, we repeat – NEVER do anything without your lawyer. We have already written about this so many times and we always emphasized the fact that lawyers know what they are doing. They are paid by you to represent you and to see that your get what is in your best interest. On top of all that lawyers know all the tricks in the books that the other side or their insurance, lawyers or representatives might throw at you to diminish your injuries, to make you look like it’s your fault for the accident and to make you get far less than you deserve.


In these cases, the imperative is the lawyer and from there everything else as your legal representative advises. In personal injury cases, you have two main scenarios – you will either settle the case before the court or you will go to court and try to get what is yours there. No lawyer must call for a court session if they do not strongly believe that they can win the case and that your best interest is achievable.

The first thing we mentioned, the settlement means that the entire case will be reviewed and that your lawyer and the lawyers or insurance team of the other side will sit down, lay out all the facts about the case and find a solution that will be the best for both sides. This means you will settle and your case will not see a courtroom or a judge. Personal injury cases usually very rarely end up in court and on trial but if this happens, you’re the law firm of your choice will prepare you for this. A good law firm treats each case or at least should treat each case as if they were going to trial. If they do so then there is nothing that can surprise them and if the case reaches the judge both you and them are thoroughly prepared.

A good law firm also has workshops with mock trials that you can go through just to get a feel for what a real trial would look like, and what types of pressures, questions and facts may be brought in those situations. This is all to prepare you in the best way possible for the actual trial, but what does that include?!

Depending on the firm, you can have sort of a basic experience to a full mock trial with the jury and a judge that will hear your case, everything will be presented, testified and defended and at the end you get a mock verdict. This will prepare both you and your legal team for what is ahead of you and it will give you the confidence and preparation you need to present your case in the very best light.

You need to understand that trials are a one-time deal and there are no points of return and you can’t take things back. What the jury and the other side get out of you will impact the decision about your case. You need to be confident; you need to be sure in what you are telling all of them and you need to have a good legal team that will use all that to make a solid case that will win in the end.

The steps toward an actual personal injury case that is on trial go as follows:

The first thing is picking the jury, and if you have ever been on jury duty you know that jurors are picked so they do not know anything about the case or the people involved in the case so they are not biased toward any party.

The next step is to get a judge that will preside over your case and that can be in two ways. The judge may be randomly assigned or you can have an assigned judge it all depends on where you live which court you belong to or rather which county you belong to and what the rules of that county are regarding these situations.

During the trial itself, you will almost always be with your lawyer and you will sit next to him or her in the courtroom while the trial is lasting. After you get your jury and your judge each of the lawyers will make an opening statement and the case is rolling.


The plaintiff as the one that has the burden of proof will go first and you will need your witnesses to come and testify because the truth isn’t what your lawyer says but what witnesses say on the stand. When it comes to witnesses in this type of case you have the plaintiff, the defendant, the eyewitnesses, the doctors that will testify about the injuries or traumas and so on. After the plaintiff is done the defendant gets a go as well with their witnesses and their experts and after all is said and done the only thing left is closing arguments.

When closing arguments are wrapped up the rest falls on the jury and if you have prepared well if your witnesses were good and your lawyer drew out of them every little bit you needed the jury will favour you instead of the other party and you will win your injury case.

Trials can be stressful and most tend to avoid them because they get lengthy and expensive, but if you prepare well and if you have a good legal team behind you, you have nothing to fear.

About Carolyn Lang