Trial and Verdict

Why Trials Happen

Most clients prefer to settle because it’s faster and less stressful. But trials happen when no fair agreement can be reached. Reasons may include:

• The insurance company refuses to pay enough.

• The defendant denies being responsible.

• The two sides disagree about how serious the injury is.

• A civil rights violation needs public accountability.

A trial ensures that both sides get a fair chance to present their version of events. The jury or judge then decides the outcome.

Inside the Courtroom

The courtroom can feel formal, but it’s designed for fairness. Everyone has a role to play:

• The judge makes sure rules are followed and explains the law.

• The jury listens to the facts and decides what really happened.

• The lawyers argue their cases, question witnesses, and present evidence.

• The client may testify and stays close to their lawyer during the process.

Understanding these roles helps clients feel less intimidated when they walk into court.

Jury Selection

If a case has a jury, the first step is choosing the right people to serve. This is called jury selection.

Lawyers ask potential jurors questions to make sure they can be fair. For example:

• In an injury case, a lawyer might ask if someone has worked for an insurance company.

• In a civil rights case, they may ask about experiences with law enforcement.

The goal is to remove bias and create a jury that will carefully weigh the evidence.

Opening Statements

Once the jury is selected, the trial begins with opening statements. These are like roadmaps for the jury.

• The client’s lawyer explains what happened, how it caused harm, and what they’re asking for.

• The defense lawyer gives their own version, often trying to downplay the client’s injuries or shift blame.

Opening statements are not evidence. They’re just previews of what each side believes the evidence will show.

The Evidence Stage

Evidence is the heart of the trial. It can come in many forms:

• Medical records

• Accident reports

• Photos or videos

• Police reports

• Emails or text messages

• Expert testimony

For example, in a car accident case, a doctor may testify about long-term effects of a head injury. In a civil rights case, body camera footage could show how an arrest was handled.

The injured client’s lawyer connects the evidence to the story of what happened and why justice is needed.

Witness Testimony

Witnesses are a big part of trials. They fall into two main groups:

• Fact witnesses: People who saw the event, like a bystander or coworker.

• Expert witnesses: Specialists like doctors, accident reconstructionists, or psychologists.

The client themselves may also testify. Sharing their personal story—how the injury or violation has changed their life—can make the biggest impact on the jury.

Cross-Examination

After a witness testifies, the other lawyer gets a chance to ask questions. This is called cross-examination.

The defense might question whether the injury came from something else. The client’s lawyer might challenge whether the other side’s witness is being truthful.

Cross-examination can be tough, but it helps the jury see both sides of the story.

Closing Arguments

When all the evidence is presented, both sides give closing arguments. This is the last chance to speak directly to the jury.

• The client’s lawyer reviews the strongest evidence, highlights key testimony, and asks for fair compensation.

• The defense lawyer tries to poke holes in the case and argue for less or no damages.

Closing arguments are powerful—they tie everything together and leave the jury with a final impression.

Jury Instructions

Before the jury makes a decision, the judge explains the law to them. These are called jury instructions.

For example, the judge might say:

• Did the defendant act with negligence?

• Did this negligence directly cause harm?

• How much should be awarded to make things right?

Jury instructions keep the decision focused on the law, not emotions.

Jury Deliberation

The jury then leaves to deliberate in private. They review evidence, debate the testimony, and vote on a verdict.

Some juries finish quickly. Others take days to reach agreement. In civil cases, the decision doesn’t always have to be unanimous, depending on the state.

The Verdict

The verdict is the official decision of the case. It may include:

• Whether the defendant was at fault

• How much money the client should receive

• In civil rights cases, whether rights were violated and what damages apply

The verdict is read aloud in court, often with both sides waiting anxiously to hear the outcome.

Bench Trials

Not all trials use a jury. In a bench trial, the judge decides both the facts and the law. Bench trials are usually quicker, but many clients prefer juries because they believe everyday people may better relate to their story.

What Happens After the Verdict

After a verdict, a few things may happen:

• If the client wins, the court enters a judgment requiring payment.

• If the other side loses, they may file an appeal.

• Sometimes, both sides agree to settle even after a verdict, especially during appeals.

Winning doesn’t always mean money arrives right away, but it’s a huge step toward justice.

Appeals Process

If the losing side believes mistakes were made during the trial, they may appeal. An appeal asks a higher court to review the case.

Appeals don’t retry the facts. Instead, they look for legal errors, such as evidence that was wrongly admitted or improper jury instructions.

This process can take months or years, but it’s part of ensuring fairness in the justice system.

The Client’s Role at Trial

Clients often wonder what they will need to do. Their main responsibilities are:

• Testifying honestly if called to the stand

• Staying engaged in the process

• Working closely with their lawyer

• Remaining patient during delays

The lawyer handles the heavy lifting. The client’s role is to tell their story when asked and trust their legal team.

Emotional Impact of Trial

Trials can be exhausting emotionally. Clients may feel nervous about testifying, worried about being cross-examined, or anxious waiting for a verdict.

Lawyers often prepare clients with practice questions and reminders that honesty is the most important thing. Support from family and friends also helps clients handle the stress.

Costs of Going to Trial

Trials can be expensive. Expert witnesses, court reporters, and other costs add up. Thankfully, many serious injury lawyers work on contingency fees, meaning clients don’t pay upfront. The lawyer only gets paid if the client wins.

This system makes trial possible for people who couldn’t otherwise afford it.

Real Example: Car Accident Trial

Imagine someone hit by a delivery truck. The company denies responsibility, saying the driver wasn’t working at the time. At trial, evidence shows the driver was on duty and rushing to meet deadlines.

The jury awards full compensation. Without trial, the company might never have admitted fault.

Real Example: Civil Rights Trial

Consider a civil rights case where someone was wrongfully detained and injured. Officials deny any wrongdoing. But during trial, video evidence shows clear violations.

The jury rules for the client, awarding damages and forcing the agency to change policies. This shows how trials can create accountability and even social change.

Technology in Modern Trials

Trials today often use technology. Evidence may be displayed on screens, testimony may come through video calls, and digital documents are common. This can make trials clearer for jurors, but it also means lawyers must stay tech-savvy.

Common Misconceptions About Trials

There are myths about trials worth clearing up:

• “Every lawsuit ends in a trial.” Not true—most settle.

• “Trials always end quickly.” They can take days or weeks.

• “The judge decides everything.” In jury trials, the jury decides the facts.

Clearing up these myths helps clients know what to really expect.

The Bigger Picture

Trials are about more than money. They can validate a client’s pain, expose wrongdoing, and push for change. A verdict can be life-changing not just for one person but for an entire community when it leads to accountability.

FINAL THOUGHTS

Trials are challenging, but they are also powerful. They give clients a chance to tell their story, present evidence, and seek justice when settlements fail.

The verdict is more than a decision—it’s a moment of truth. It can bring financial relief, accountability, and closure. For some, it even sparks broader change in society.

For clients dealing with serious injuries or civil rights violations, trial is the stage where they are finally heard. And with a skilled lawyer guiding them, the verdict can deliver the fairness they deserve.