What Happens If My Personal Injury Case Goes To Court?

While most people prefer to come up with a compromise outside of court, there are cases where a trial is the best option for both parties. If you’re thinking about taking your case to court, you’re probably wondering if it’s the right thing to do. Knowing what to expect should help you understand the process better and decide if it’s the best course of action.

What Is A Trial?

Trials are the final stage of the claims process. It’s the stage where both parties present their arguments, witnesses, and evidence before a judge and a jury. In New York’s court system, a person can also opt for a bench trial, where a judge makes the final decision without a jury, depending on the offense. No matter the type, a trial’s primary goals are to establish fault and see how much compensation you deserve for your injuries.

How Many Personal Injury Cases Go To Trial?

Trials are surprisingly uncommon, and most personal injury cases find resolution outside the courtroom. Some estimates even suggest that over 90% of all cases are settled pre-trial. But why isn’t trial more common? There are a few reasons why, such as: 

  • The evidence is clearly pointing to the defendant’s actions.
  • Many defendants prefer to settle out of court to avoid negative publicity.
  • Taking a case to court takes longer and costs more than reaching a settlement.

For cases that do end up in court, they are usually too complex or contentious to reach a settlement without stepping into a courtroom. 

What To Expect While During Trial

Most standard cases have six basic steps you need to go through:

  • Opening Statements: Parties present their argument and highlight key points they’ll address.
  • Presentation of Evidence: The courtroom reviews documents, photographs, medical records, expert testimonies, and other evidence to lay out the facts. 
  • Cross-examination: Each party questions the other’s witnesses, aiming to uncover inconsistencies or challenge their credibility.
  • Closing Statements: Both sides repeat their main points to convince the courtroom.
  • Deliberation: A period where the jury discusses the case in detail to reach a unanimous decision.
  • Verdict: The judge will announce the final decision and the case is resolved.

Depending on the dispute, cases can last anywhere from less than a day to many years. It all boils down to the seriousness of your claim and how far either party is willing to stay in trial for.

Are There Benefits Of Taking A Case To Trial?

While trials can be grueling, they come with many potential advantages. For example, defendants must pay you the required amount the judge and jury decide on. Sometimes, these jury awards can be significantly higher than the original settlement.

However, some cases are more than receiving a payout. Accidents cause lifelong injuries and trauma to those affected, and they use this trial to shine a light on the other party or organization’s negligence. If successful, many of these trials can set a new standard for future cases and the justice system.

Our Lawyers Are Here To Help

When you hire an experienced attorney to guide you during the court process, you have a much higher chance of seeing the results you’re looking for. Our New York personal injury attorneys are committed to fighting for your cause and holding the other party responsible for their actions. Please contact us online or call (866) 574-0729 to schedule a free case review with our dedicated team today.