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What To Expect During An Injury Trial

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What To Expect During An Injury Trial

We recently discussed the considerations of settling or going to trial after your injury in North Georgia or Tennessee. 

Most qualified injury lawyers will try to negotiate with the defendant and their insurance company. But if the defense or its insurance company refuses to offer a reasonable settlement, proceeding to trial may be necessary. 

Trials allow your North Georgia or Chattanooga injury lawyer to connect with a jury by presenting all of your evidence and demonstrating why the defendant is liable for the injury and why they should be held accountable. This could lead to a greater financial award than the settlement would have provided. Injured plaintiffs in North Georgia and Chattanooga, Tennessee can ready themselves for a courtroom trial – which could last days or weeks – by understanding a common sequence of events.  

Pre-Trial Stage

  • Jury Selection (Voir Dire): Both sides will question potential jurors to ensure an unbiased panel. Your North Georgia or Chattanooga attorney will seek jurors who may sympathize with your case.
  • Opening Statements: Lawyers for the plaintiff (you) and the defense will outline their version of events. This is not evidence, but a roadmap of what each side intends to prove.

Presentation of Evidence

  • Your Case-in-Chief: Your attorney will present evidence to prove the defense’s liability and demonstrate the extent of your injuries and damages. This could include:
    • Witness testimony (eyewitnesses, expert witnesses like accident reconstruction experts or medical professionals). Your lawyer will advise you whether or not to take the stand and testify on your own behalf. Sometimes the injuries are severe and apparent enough that it is not necessary; but plaintiffs’ testimony can also hold particular sway on a jury. 
    • Documents (police reports, medical records, repair bills).
    • Visual aids (photos, videos, or accident diagrams).
    • Cross-examination: The defense will question your witnesses to challenge their credibility and arguments. This can include you, if you decide to take the stand. 

Defense’s Case

  • The defense will present their evidence, often aiming to minimize their client’s liability or the extent of your injuries. This could involve:
    • Contradictory witness testimony.
    • Arguments blaming you or other factors for the accident (comparative negligence).
    • Efforts to reduce the amount of compensation you are owed.

Closing Arguments

  • Both sides summarize their cases, with your attorney reiterating why you deserve compensation and the defense arguing against it. Despite what you have seen in film and television, these closing arguments last longer than two minutes. They can be anywhere from hours to more than a day, depending on the extent of the injuries and the number of plaintiffs (i.e. a family, as opposed to an individual). 

Jury Deliberation and Verdict

  • The jury will deliberate in private, considering all evidence and arguments to decide whether the defendant is liable and, if so, how much compensation you should receive for economic damages (such as medical treatment and lost wages), non-economic damages (such as emotional suffering and diminished quality of life) and punitive damages (punishment for negligence).

Post-Trial Motions and Appeals

  • Either party may file motions (e.g., to challenge the verdict or seek a new trial).
  • If you win, there may be further proceedings to enforce the judgment, especially if the defendant or its insurer resists payment.

Tips for Plaintiffs During a Trial in North Georgia or Chattanooga, TN

  • Be Prepared: Work closely with your attorney to understand the legal process and what is expected of you as a witness, if applicable.
  • Stay Consistent: Consistency in your testimony and documentation strengthens your credibility.
  • Patience is Key: Trials can be lengthy, so trust the process and your North Georgia or Chattanooga injury lawyer’s strategy.

Trials allow your North Georgia or Chattanooga injury lawyer to present all of your evidence and demonstrate to the jury why the defendant is liable for the injury and why they should be held accountable.

Zach Pritchard: Your North Georgia and Chattanooga Injury Lawyer

If you or a loved one are injured due to the negligence or recklessness of another individual or driver, our attorneys are here to help. The mission of Pritchard Injury Firm is to provide you and your family with the highest quality of legal help available and a professional, stress-free experience. Contact us today.