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Trial

Updated: Aug 2


A serious injury lawyer speaks in a courtroom while the client sits nearby, listening as the trial unfolds before a judge and jury.

A trial is the final part of a lawsuit. It’s where both sides go in front of a judge or jury and tell their stories. If your serious injury case didn’t settle during earlier stages, this is where your lawyer presents your case in court. The judge or jury listens to both sides, looks at all the proof, and decides what should happen.


It’s a big step, but you won’t go through it alone. Your lawyer will guide you and prepare everything. They’ll make sure your voice is heard and your story is told clearly and truthfully.


Why Trials Happen in Serious Injury Cases

Most serious injury cases settle before going to trial. But sometimes, the two sides just can’t agree. The insurance company may refuse to pay what’s fair. Or they may claim the injury wasn’t that bad or that it wasn’t their client’s fault.


When that happens, your lawyer may suggest going to trial. It’s not to punish anyone. It’s just a way to get justice when nothing else worked. Trials are about fairness. You’re asking a judge or jury to look at the facts and make things right.


Who’s in the Courtroom?

When you hear “courtroom,” you might think of what you’ve seen on TV. But real trials are more focused and organized. Here's who might be there:

  • You (the plaintiff): The person who was hurt and is filing the lawsuit.

  • Your lawyer: The person who speaks for you in court.

  • The defense: The person, company, or group you’re suing.

  • Defense lawyer: The lawyer speaking for the other side.

  • Judge: The person in charge of the courtroom. They make sure rules are followed.

  • Jury: A group of people who listen to both sides and decide the case (if it’s a jury trial).

  • Court reporter: The person who writes down everything that’s said.

  • Witnesses: People who come to tell what they saw, heard, or know.

  • Clerk and bailiff: They help the judge and keep things running smoothly.

Everyone has a job to do. Your lawyer will make sure you know who’s who and what to expect.


How Your Lawyer Prepares for Trial

Before the trial starts, your lawyer spends a lot of time getting ready. This work is just as important as what happens in the courtroom.

Here’s what your lawyer may do:

  • Gather medical records and bills

  • Meet with your doctors or experts

  • Talk to witnesses

  • Plan what questions to ask

  • Prepare photos, videos, or documents as proof

  • Help you practice your testimony

Your lawyer might also meet with the defense lawyer or the judge to go over what to expect. They’ll keep you in the loop the whole time so you feel ready, not surprised.


What to Bring With You

If you're going to trial, your lawyer will tell you what to bring. Most of the time, you’ll only need a few things:

  • A notebook and pen

  • Any notes or reminders your lawyer gave you

  • Water and snacks for breaks (if allowed)

  • ID for security (most courthouses check it)

Dress neatly. You don’t need a suit, but you should look respectful. Think of it like a job interview—clean, simple clothes are best.


A lawyer presents a serious injury case in court, standing before a judge and jury while the client watches from the courtroom bench.

The Day Trial Begins

On the first day of trial, you’ll usually arrive early. Your lawyer may talk to the judge before things start. Then, if you have a jury trial, the lawyers will help pick the jury. This is called jury selection.


Both sides ask potential jurors questions to make sure they can be fair. If someone knows too much about the case or has strong opinions, they might not be chosen.

Once the jury is picked, the trial starts.


Opening Statements

The first thing each lawyer does is give an opening statement. This is like a preview of the case.

Your lawyer will:

  • Tell the jury what the case is about

  • Explain how you got hurt

  • Share what they plan to prove

The defense lawyer will do the same for their side. Opening statements aren’t about arguing or proving things. They’re just a way to help the jury understand what to expect.


Your Lawyer Presents Your Case

After opening statements, your lawyer gets to go first. This is where they tell your story in full. They’ll show the jury what happened, how you were hurt, and why the other side is responsible.

To do this, they might:

  • Call witnesses to talk about the accident

  • Ask doctors to explain your injuries

  • Show photos, videos, or medical records

  • Ask you to testify (if needed)

Each witness is asked questions to help tell the story. Your lawyer will make sure everything is clear and easy to follow.


The Defense Cross-Examines

After your lawyer finishes questioning a witness, the defense gets a turn. This is called cross-examination.

The defense lawyer may ask hard questions to try and weaken your side of the story. They might suggest that:

  • You weren’t really that hurt

  • You were partly at fault

  • Your story has changed

It can feel uncomfortable, but it’s normal. Your lawyer will help prepare you and your witnesses. They’ll also jump in if the other side crosses a line.


The Defense Presents Their Case

Once your side finishes, the defense gets to present their case. They’ll try to show they weren’t at fault, or that your injuries aren’t as serious as you say.

They might:

  • Bring in their own witnesses

  • Use experts to give another opinion

  • Try to blame someone else (even you)

Your lawyer will be ready. They’ll cross-examine the defense’s witnesses and fight back with facts.


Closing Arguments

After all the proof and testimony, both sides give closing arguments. This is where each lawyer sums up the case and makes their final pitch.

Your lawyer will remind the jury:

  • How your injury happened

  • What it’s cost you—physically, emotionally, and financially

  • Why you deserve fair compensation

The defense will do the same for their side. Then the case goes to the judge or jury.


The Verdict: Waiting for a Decision

The judge or jury goes into a private room to make their decision. This is called deliberation.

If it’s a jury, they’ll talk about everything they heard and vote. If it’s a judge, they might give a decision right away or wait a few days.


When the decision is ready, everyone comes back to the courtroom. The judge or clerk reads the verdict out loud.


What the Verdict Can Say

The verdict will usually answer two main questions:

  1. Was the other side responsible for your injury?

  2. If yes, how much money should they pay you?

The money part is called “damages.” You may be awarded money for:

  • Medical bills

  • Lost income from missing work

  • Pain and suffering

  • Emotional distress

  • Future medical care

Sometimes, the court also adds extra damages if the other side acted very badly or dangerously. These are called punitive damages.


If You Win the Case

If you win, your lawyer will help you collect the money. This might happen in a few weeks, or it could take longer. Sometimes the other side tries to appeal the verdict. That means they ask a higher court to review the case.


Even if that happens, your lawyer will handle it. You won’t be left alone.

Your lawyer will also help pay any unpaid bills, medical liens, or other costs. Then they’ll give you a full breakdown of your final amount.


If You Don’t Win

Losing a trial can feel heartbreaking. You put so much time and energy into your case, and you were counting on that help. But it’s not always the end.


Your lawyer might talk to you about filing an appeal. That’s where another court checks to see if something went wrong during your trial.


Not every case can be appealed, and it doesn’t always lead to a new trial. But your lawyer will go over your options and help you make the best decision.


Can You Settle During Trial?

Yes! Sometimes, the other side sees the case isn’t going their way and offers a settlement during trial. If that happens, your lawyer will talk to you about it.


You don’t have to say yes. It’s your choice. But a good settlement can sometimes bring a quicker and easier end to the case—without waiting for a verdict.


In a courtroom, a serious injury lawyer addresses the judge and jury while the injured client sits beside their legal team, listening closely.

Civil Rights Cases in Trial

Some trials are about more than just injuries. They’re about civil rights. These cases can involve:

  • Police misconduct

  • Discrimination

  • False arrest

  • Use of excessive force

These trials are often more emotional and public. Your lawyer may bring in experts who can explain how your rights were violated. These cases can be harder, but they’re just as important.


Helping Lawyers Educate Clients

More serious injury and civil rights lawyers are writing books to help regular people understand the legal system. Alpha Book Publisher works with lawyers to turn their knowledge into simple, helpful guides.


These books explain things like filing a lawsuit, going to trial, or dealing with insurance. They help people feel less confused and more in control. If you're a lawyer who wants to write a book for your clients, Alpha Book Publisher can help you get started.


How You Can Help During Trial

Even though your lawyer does most of the work, there are a few ways you can help:

  • Show up on time every day

  • Be honest with your lawyer about everything

  • Keep following your doctor’s advice

  • Stay calm and respectful in court

  • Ask questions if you’re confused

You’re part of the team. Staying involved and informed helps your lawyer give you the best shot at winning.


FINAL THOUGHTS

Going to trial can feel like a long road, especially when you’re still healing from a serious injury. But sometimes, it’s the only way to get what’s fair.


You’re not just asking for money. You’re asking for accountability. You’re asking for someone to say, “Yes, what happened to you matters.”


With a good lawyer by your side, you don’t have to be afraid of trial. They’ll fight for you, stand with you, and make sure your story is heard from start to finish.

The courtroom might seem scary, but it’s also a place where truth wins. And when you’ve been hurt through no fault of your own, that truth matters.


 
 
 

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