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What Happens During Trial in a Personal Injury Case?
At Dennis Hernandez Injury Attorneys, we believe that clarity empowers our clients. If your personal injury case goes to trial, understanding each stage of the process can help reduce stress and prepare you for what’s ahead. Knowing how to effectively handle a Personal Injury Trial Presentation is crucial. Here’s a breakdown of the major steps in a typical personal injury trial:
Jury Selection (Voir Dire)
If your case is tried before a jury, both sides will participate in the process of selecting impartial jurors. Attorneys ask questions to evaluate potential jurors and can request dismissals for cause or use a limited number of peremptory challenges. The goal is to assemble a jury that can fairly evaluate the evidence.
Opening Statements
Both attorneys introduce their version of the case. The plaintiff’s lawyer (your legal team) begins by outlining what they intend to prove—usually focused on the defendant’s liability and the damages you’ve suffered. The defense follows with their perspective. These statements preview the evidence but do not count as evidence themselves.
Plaintiff’s Case-in-Chief
As the injured party, you will present your case first. This includes:
- Your own testimony
- Eyewitness accounts
- Medical experts and treating physicians
- Accident reconstruction specialists
- Economic or vocational experts
Each witness is examined by your attorney and cross-examined by the defense. This stage is critical for proving both liability and the extent of your damages in a personal injury trial.
Defense’s Case
The defense will then present their side. Their aim is to challenge your claims using:
- Alternative accident explanations
- Evidence of pre-existing conditions
- Reports from independent medical examiners
- Social media or surveillance footage
Defense witnesses are examined and cross-examined in the same manner as your witnesses.
Rebuttal (If Necessary)
Your legal team may respond to the defense’s arguments by presenting rebuttal evidence. This is limited only to new matters introduced by the defense and is not always required.
Closing Arguments
Both sides summarize their cases and attempt to persuade the jury one last time. Because the plaintiff bears the burden of proof, your attorney will present first and also offer a final rebuttal after the defense’s closing statement.
Jury Instructions
Before deliberation, the judge will instruct the jury on the legal standards they must follow, including:
- The burden of proof (typically “preponderance of the evidence”)
- Definitions of negligence and comparative fault
- Guidelines for calculating economic and non-economic damages
Jury Deliberation & Verdict
The jury privately reviews all the evidence and delivers a verdict. They will determine:
- Whether the defendant is liable
- How much, if any, compensation should be awarded
Most civil trials in Florida require a unanimous jury verdict.
What If There’s No Jury?
In a bench trial, the judge handles both legal rulings and fact-finding. The format remains largely the same, but the judge—not a jury—issues the final verdict and judgment.
Common Trial Outcomes
- Full Plaintiff Victory: You win the case and receive the full amount of damages requested.
- Defense Verdict: The defendant is not found liable and no compensation is awarded.
- Split Decision: The jury assigns partial fault or awards reduced damages.
We’re With You at Every Step
Trials can be intense, but with the right preparation and representation, they can also lead to the justice you deserve. At Dennis Hernandez Injury Attorneys, our experienced trial attorneys are skilled at building compelling cases and advocating forcefully for our clients in court.
If you’re concerned about what a trial might involve, don’t worry—you won’t face it alone. We fight to get you paid.
