In this article, you will discover:
- How to dress and conduct yourself at a personal injury trial.
- An overview of the personal injury trial process and what to expect.
- The possible outcomes of a personal injury trial.
Will I Have To Testify If My Personal Injury Case Goes To Court?
It’s very likely you’ll have to testify in a deposition, where the opposing attorney gets an opportunity to question you, usually at your attorney’s office, with a court reporter present to take down your testimony. You will be put under oath in a deposition, so anything you say can be used against you in a court of law if you go to trial later. If your case does go to trial, you’ll most likely have to testify as a witness or on your behalf.
What Should I Wear, And How Should I Conduct Myself In Court?
When you go to trial, the jury is always watching you. You want to dress conservatively. You don’t want to dress in anything that could offend a juror, or that someone could construe as inappropriate.
You should always conduct yourself as if the jury, the decision makers in your case, are watching you at all times. Don’t do anything to upset them or turn them off, such as rolling your eyes at a witness or grumbling at testimony you don’t like. Be stoic and realize that you’re essentially “on camera” throughout your trial.
How Does An Attorney Prepare For A Personal Injury Trial?
Preparing for a trial is a lot of work. I generally will review multiple depositions and use them to put together my direct examinations and cross examinations. I will also organize all the evidence for trial, draft an opening statement, and draft the outlines of a closing argument. My last trial took me three months of hard work to prepare for.
Can You Give A Brief Walkthrough Of The Personal Injury Trial Process In Louisiana?
When you arrive at court on your trial date, your attorney will select a jury from a jury pool of dozens of potential jurors. Your attorney will have to select 12 jurors that are acceptable to both parties. That jury selection process, which we call “voir dire,” often takes at least half a day.
Following voir dire, the plaintiff’s attorney gives their opening statement to the jury, which is a description of what they intend to prove at trial. Following the plaintiff’s opening statement, the defendant’s attorney gives their opening statement.
The plaintiff will then present their witnesses, including any eyewitnesses to the accident. Usually, you will also have doctors testify about the plaintiff’s injuries. If it’s a big enough case, you may even have an accident reconstruction expert or a biomechanical expert testify at trial.
The defendant then will have an opportunity to present their witnesses. From there, you go to closing arguments, where each side will get to make a final argument to the jury about why their side should prevail. Then, the case goes to the jury, who will render a verdict.
If you think the verdict is contrary to the law or evidence presented at trial, you can appeal. You can appeal all the way up to the Louisiana Supreme Court, if necessary and if the Supreme Court will review your case.
What Are The Possible Outcomes Of A Personal Injury Trial?
In an auto accident case, for example, you have to prove the other driver was negligent and caused the accident and your injuries. If you’re able to prove that, you’re entitled to damages, which can mean anything from compensation for your medical bills, the pain and suffering you endured, your mental anxiety, any permanent scarring, or any economic damages you have suffered.
In a personal injury trial, if you don’t prove negligence and causation, you’ll inevitably walk out of the court with a zero verdict, meaning that you’re not going to get anything. If you do prove negligence, causation and that you suffered injuries, then it’s a question of how much the jury’s going to award you. There are several possible outcomes at any personal injury trial, especially one involving an auto accident.
How Do You Help Clients Stay Hopeful And Focused During A Trial, Especially If It Drags On Longer Than Expected?
I tell them to focus only on what is happening at that point in time. Don’t look down the road too much. If a trial is taking a long time, I’ll tell the client to focus on what they can do now to increase their chances of success. That can mean anything from listening to your attorney to making sure you look stoic during the trial rather than bored or anxious.
Still Have Questions? Ready To Get Started?
For more information on What To Expect During A Personal Injury Trial, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 581-6411 today.