Trial

What is a trial?

A trial is the formal court proceeding where evidence is presented and a judge or jury decides the disputed issues in a case.

The large majority of personal injury cases never reach this stage, since most resolve through settlement before trial becomes necessary.

When a case does proceed to trial, it follows a structured sequence, from jury selection through opening statements, evidence, closing arguments and finally a verdict.

Understanding the basic structure helps demystify a process that can otherwise feel unfamiliar and intimidating to someone who has never experienced it.

What is the general sequence?

Trials generally proceed through a consistent series of phases, though the specific length and complexity vary considerably by case.

• Jury selection, where jurors are chosen from a larger pool
• Opening statements from each side outlining what they intend to prove
• Presentation of evidence, including witness testimony and exhibits
• Cross examination of witnesses by the opposing side
• Closing arguments summarizing the evidence and requesting a specific outcome
• Jury instructions from the judge, followed by deliberation and a verdict

Why do so few cases actually reach trial?

Because trial carries genuine uncertainty for both sides, and settlement offers a controlled, predictable resolution that both parties may prefer to that uncertainty.

The cost and time investment required for trial is also substantial, and by the time a case is trial ready, both sides typically have a clearer sense of its value based on discovery, which often produces a settlement.

Cases that do proceed to trial often involve specific disputes, such as contested liability, a serious disagreement over case value, or a resistant insurer, that could not be resolved through negotiation.

What should you expect if your case proceeds to trial?

Considerable preparation time with your attorney beforehand, including thorough review of your anticipated testimony and the evidence that will be presented.

The experience of testifying, if you are called as a witness, involves being questioned by your own attorney and then cross examined by opposing counsel.

Trials can extend over multiple days or longer depending on complexity, and the process moves considerably slower than commonly depicted, with substantial time spent on procedural matters between witnesses.

Common questions

Does going to trial mean my case is unusually weak or strong?

Not necessarily either. Cases proceed to trial for many reasons, including genuine disagreement over value or liability that simply could not be bridged through negotiation.

Can a case still settle after a trial has begun?

Yes. Settlement remains possible throughout the trial process, and it is common for cases to resolve even after opening statements or partway through the presentation of evidence.

How long does a personal injury trial typically last?

It varies enormously based on complexity, the number of witnesses and the specific issues in dispute, ranging from a few days to considerably longer in complex cases.