It is common knowledge that most legal cases, whether criminal, civil, or domestic, do not go to trial. Cases are most often resolved through negotiations with the parties. But when a trial is necessary, you need an experienced trial attorney that knows how to prepare and win.
If you were injured in an accident due to someone else’s negligence, you need the Davis Injury Lawyers, PLLC on your side. Our lawyers will build a strong case that hopefully can be settled out of court, but if the defendant doesn’t want to pay a fair settlement, we can take the matter to trial. We understand what it takes to be successful in court and get the compensation you deserve.
Preparations for Trial of Your Personal Injury Claim
When the case can’t be settled, our personal injury attorneys will work with you to prepare for trial and outline a trial strategy. Sometimes going to trial is the best chance of being fully compensated. But there is always risk when cases go to court.
Here is an overview of the steps that personal injury lawyers take to prepare for trial:
When a case is going to trial, the parties must follow procedural and evidentiary rules. These rules include deadlines for gathering evidence and for submitting motions to the court.
Discovery is the legal process by which evidence is gathered. It is accomplished through interrogatories (written questions), requests for production of documents, requests for admissions, and depositions.
Although we will have pieces of evidence already, such as your statement, a police report, pictures of the scene of the accident, medical reports, and property damages estimate, we will need more to prepare properly for trial.
You, as the plaintiff, will have to be deposed by the defense, and we will depose the defendant. In a deposition, parties and witnesses provide sworn testimony that can later be used in court.
2. Witness Preparation
Evidence in a personal injury suit will typically be introduced through witnesses. Obviously, you will be a witness, but our case may also call other witnesses, such as police officers, eyewitnesses to the accident, or expert witnesses from the medical, psychological, or accident reconstruction fields.
We will prepare you for deposition and later for trial testimony and cross-examination (when the defense gets to ask questions). This preparation generally goes over your testimony and some important ground rules about sticking to answering just the question that is asked, what to do during objections, and your decorum. Depositions and trials can be stressful, so it is important that you keep your cool and deliver your answers in a calm, clear, and straightforward manner.
3. Motions, Exhibits, and Jury Instructions
Part of trial prep for us is writing motions and preparing exhibits. Motions could vary from trying to exclude certain evidence or witnesses, to requesting sanctions for the defendant failing to respond to discovery.
We will prepare all the exhibits, which may include photos, maps, drawings, or documents, and try to get the other side to stipulate to them being entered into evidence. The defense will do the same with its exhibits.
If the case is tried to a jury, we will also be working on jury instructions for the end of the trial. Framing the jury instructions in a manner that is beneficial to your case is an important step. Understand, however, that both sides get a chance at this and the judge typically chooses the instructions.
Depending on the size of your case, we may recommend hiring jury or trial consultants. Jury consultants typically help with witness preparation and jury selection. Trial consultants, who can be communication experts, economists, and psychologists, help us with the presentation of a trial. Like jury consultants, they help prepare witnesses and select juries, but also assist with improving the legal arguments.
5. Final Prep
Before the trial we will meet with you to go over all the logistics of the trial, where to go, what time to be there, what to wear, and what, if anything, to bring. We will give you an update on any last-minute settlement negotiations and apprise you of any decisions on motions that affect the case or your testimony. You will have a chance to ask any questions you might have at that time.
You Can Count on Davis Injury Lawyers at Trial
When you’ve been injured in an accident, your entire life can be turned upside down. You may be dealing with serious injuries, time off work, property damage, and the prospect of a lingering disability. The Davis Injury Lawyers are here to help you get all the compensation you are entitled to for your damages. If the insurance company doesn’t want to do settle, then our experienced personal injury lawyers will take the case to trial.