In Texas, the vast majority of civil cases, including personal injury claims, are resolved before reaching trial. According to the Texas Judicial Branch’s Annual Statistical Report, less than 1% of such cases are disposed of by a judge or jury trial.
If your personal injury case does proceed to trial, it’s essential to understand the process and what to expect. Trials can be complex and time-consuming, but they also allow you to present your case fully and seek the compensation you deserve. For personalized guidance and to discuss your specific situation, consider scheduling a free consultation with an experienced Houston personal injury attorney. Professional legal assistance can help you navigate the complexities of the trial process and advocate effectively on your behalf.
Getting Ready Before the Trial Begins
Before entering the courtroom, a foundation is laid by preparing and exchanging information between parties involved in the legal process. This stage anticipates the developments during the trial, ensuring that each party is well-equipped for the legal proceedings. Depositions are carried out where witnesses offer sworn accounts outside of court. These statements hold significance as they can be cited during court proceedings.
Choosing the Members of the Jury
After the pre-trial preparations are finished, the court proceeds to select the jury. Potential jurors undergo a voir dire screening process, where lawyers evaluate their suitability. The aim is to choose individuals who can impartially assess the case facts. Both sides can remove candidates, ensuring a fair jury panel is selected.
Opening Remarks
The trial kicks off with opening statements, in which both lawyers lay out their clients’ perspectives on the events and highlight the evidence they plan to present. This phase introduces the case to the jurors and establishes the foundation for the arguments. Though not regarded as evidence itself, the attorney’s statements are crucial in shaping how the jury perceives the narrative.
Presenting Evidence
After both sides make initial statements in court proceedings, they proceed to showcase evidence. They call upon witnesses and share other pertinent documents or materials. Usually, the plaintiff is responsible for proving their case and presenting evidence initially. Their objective is to demonstrate that the defendant is accountable for the injury that was suffered. Next is cross-examination by the opposing lawyer. This step involves questioning the validity and trustworthiness of the evidence that has been presented.
Delivering Final Statements
Once all the evidence is laid out in court proceedings and presented by lawyers on both sides of the case, the case comes to a phase called closing arguments. In this phase, lawyers summarize all the evidence given and highlight aspects of the case in an attempt to influence the jury’s decision by reinforcing their perspective on the facts presented before them. This happens before the jurors head off to deliberate on their verdict.
Exploring Considerations by the Jury
After the closing arguments in court cases are over, jurors gather to discuss the evidence presented to them before reaching a verdict. They analyze the case based on the testimonies and exhibits provided by both parties involved in the case.
Declaring the Verdict
Once the jury makes a decision, they head back to the courtroom to reveal the verdict they have reached. If the jury holds the defendant guilty for the claim presented by the plaintiff, compensation might be granted for costs and lost income, among other considerations. On the other hand, if the jury supports the defendant’s stance in court, no compensation is awarded to the plaintiff. This marks an end to the case.
Making Post-verdict Appeals
After a trial ends, the verdict is declared, but it may not necessarily close the chapter in some matters. Either side can submit post-trial motions, like requesting a new trial or judgment notwithstanding the verdict if they disagree with the outcome. If disputes persist, parties might turn to an appeal process where they challenge the trial court’s ruling in a higher court. Appeals primarily target mistakes rather than re-examining factual proof.
Conclusion
Exploring the path of a personal injury lawsuit as it progresses to trial offers insight and readiness for all parties involved in the process. Trials can be intricate and multifaceted, and each phase has a role to play in pursuing fairness and resolution. Armed with this understanding, individuals embarking on personal injury trials will be better equipped to navigate the legal journey with the assurance that they have a picture of what lies ahead.
