Syracuse, New York: What Happens at a Personal Injury Trial?

Jed Dietrich, Esq., Is a Recognized American Institute of Trial Lawyers Litigator of the Year Who Has Spent Decades Fighting to Protect the Rights of Families in Syracuse, in Onondaga County, and Throughout Upstate New York. If You or a Loved One Has Been Injured in an Accident That Was Not Your Fault, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

A trial is the high-stakes culmination of a personal injury lawsuit.

Trials can be intense, but they are rarely as dramatic as seen on television and in film. During a real-life trial, proceedings are highly structured and controlled by rigid rules. Most trials, even those involving very different kinds of cases, still follow the same general timeline, which begins as soon as your lawsuit has been submitted to the court and served to the defendant.

Every lawsuit is different, and your journey from filing a lawsuit to negotiating a settlement, securing a court-ordered award, or launching an appeal could be influenced by an array of different factors. Sometimes it is best to limit risk and accept a settlement; other times, it is better to preserve and push a case to trial. No matter the circumstances, you stand your best chance when you have an experienced personal injury lawyer in your corner.

Since our founding in 2005, the Dietrich Law Firm P.C. has fought for the rights of accident victims in Syracuse and throughout the region. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build the kind of compelling arguments and evidence-based cases that win, whether at the negotiating table or in front of a judge and jury. We could help you, too. Call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a personal injury attorney near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

A personal injury lawsuit is a formal legal document that requests legal relief for accident-related losses. If you have been seriously injured in an accident that was not your fault, you could be entitled to sue. Once you have made a decision, the first step in the process is usually finding an experienced attorney to represent your interests in negotiations and before the court.

No matter the circumstances of your lawsuit, the next steps will likely include:

1. Pre-trial motions. A pre-trial motion is a petition asking the court to take a certain action. The defense could try telling the judge that your case is meritless and should be dismissed. These kinds of tactics are common; it is your lawyer’s job to ensure that your case is strong enough to withstand such routine legal maneuvers.
2. Discoveryis the formal exchange of evidence between the parties involved in a lawsuit. You will have to share your evidence with the defendant, but you will also be able to request evidence from them. Depending on the complexity of an accident, discovery can be a fairly intensive process that occupies much of the time between filing a lawsuit and taking it to trial.
3. Out-of-court or pre-trial negotiations can take place at any time before trial. These negotiations could take place through alternative dispute resolution mechanisms, like mediation or arbitration, or they could occur in a less formal capacity. This is how many lawsuits are resolved.
4. Jury selection. Jury selection involves your lawyer, the defense’s attorney, and the court. Together, these parties must work to select a pool of jurors qualified to hear your case. This often means ensuring that potential jurors do not hold biases that could compromise their impartiality or unfairly influence the outcome of a case.

Personal injury claims follow a timeline: you file a lawsuit, respond to pre-trial motions, engage in discovery, and participate in jury selection. From start to finish, this process can take months, and in some cases even longer. Trials, in contrast, usually last anywhere from several days to several weeks, adhering to a much tighter schedule.

Most personal injury trials involve all of the following steps:

Every party in a personal injury lawsuit will have the chance to make an opening statement.

An opening statement is, in essence, a summary of each side’s story. Your lawyer might highlight key facts and allegations they want the jury to remember, setting the stage for the presentation of evidence and critical witness testimony.

Each side has the chance to present evidence in its favor.

Evidence in a personal injury trial can take many different forms. If you have been injured in a car crash, for instance, it could include:

1. The pictures and video you took from the scene of the accident;
2. Eyewitness testimony;
3. Footage from nearby surveillance cameras;
4. A report from an accident reconstruction specialist or other expert witness;
5. A log of the at-fault motorist’s phone usage at the time of the collision; and
6. Your hospital bill, diagnostic reports, and anticipated medical needs.

During cross-examination, attorneys for both sides have an opportunity to question witnesses. Cross-examination lets each party strengthen their own case while potentially casting doubt on a witness’s recall, judgment, and general credibility.

A closing argument is usually a summary of all the facts, arguments, and questions that have been raised during the trial. As with an opening statement, each party makes its own closing argument.

After the closing arguments have concluded, the jury is dismissed for deliberation. In some cases, the judge may also give the jury instructions. These instructions are often guidelines on how to interpret certain facts or calculate damages; they may also refer the jurors to previous cases, or request that they ignore evidence the court determined was irrelevant or otherwise inappropriate.

Once the jury has finished deliberating, they return to the court and offer a verdict. This represents the end of a trial, but not necessarily the end of a case. If one side is unhappy with the outcome, they may elect to appeal the jury’s decision, either in whole or in part.

If you win your case, you may have to attend another hearing for damages.

In law, the term damages describes compensation for various losses, pain, and hardship. Depending on the circumstances of your case and the severity of your injuries, you could receive damages for:

1. Your existing medical expenses;
2. Your long-term care needs;
3. Physical rehabilitation;
4. Mental health counseling;
5. Elective surgery;
6. Emotional pain and suffering;
7. Physical pain and suffering;
8. Loss of income;
9. Disfigurement; and
10. Wrongful death.

The amount of damages is requested and awarded. It is possible for defendants to accept liability for an accident but push back on liability for certain damages. If you obtain a significant court-ordered award, you must be prepared for the possibility of an appeal, even if the defense is only appealing your damages.

Do not take chances with your claim: call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a personal injury lawyer near Syracuse and find out how much your case could be worth.

Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!