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While most personal injury cases settle before reaching the courtroom, some cases end up requiring a trial to pursue fair compensation. Disputes over liability, inadequate settlement offers, or more severe injuries sometimes make litigation unavoidable.
If your case heads to trial, knowing what lies ahead will help reduce your uncertainty about the process. A skilled Pennsylvania personal injury lawyer can walk you through the process, protect your rights, and build a strong case from the start, whether negotiations succeed or not.
Most cases resolve through negotiation, but a trial might become necessary when the two sides cannot agree on a resolution. This can happen if the insurance company denies fault, settlement offers fall short of covering lost wages and pain and suffering, or there are disagreements over the cause or severity of injuries, among other issues.
In some cases, a client may want public accountability or the chance to pursue punitive damages. Your attorney will review all factors and help determine whether a trial is the best option.
At least 95% of personal injury lawsuits settle before going to trial, with some being resolved through mediation or binding arbitration. But when the defense refuses to make a fair offer, or when liability is seriously contested, a trial might be necessary to resolve the case.
Before the trial begins, both sides go through a preparation phase that can easily last many months or even years in some cases. This includes the discovery phase, where attorneys exchange evidence like medical records, accident reports, photographs/videos, and witness testimony. Depositions and expert evaluations are also conducted during this stage.
Attorneys may file motions to limit or exclude evidence, or to resolve parts of the case in advance. Meanwhile, offers for settling out of court may continue, and mediation can be used to try to resolve the case without a trial.
A strong legal team uses this phase to build leverage for trial or a fair settlement.
If your case proceeds to trial, you can expect a formal process with distinct stages. Each side presents its version of events, supports it with evidence, and argues its position before a judge and jury. Here’s how the process typically unfolds:
The trial begins with choosing a jury. Attorneys for both sides question potential jurors to identify any biases. Jurors who show prejudice or strong opinions will likely be dismissed. A limited number of other jurors can be dismissed without a formal explanation by the attorneys.
Each attorney presents an overview of their case. They don’t present evidence, just a preview of what each side intends to prove. Your personal injury lawyer will outline how the accident happened, who was at fault, and how your injuries have affected your life.
Plaintiffs present evidence first. This may include medical records, accident photos, expert witness testimony and reports, and witness testimony. Your attorney may also call on specialists to explain the extent of your injuries and long-term impact. The Plaintiff (injured person) will also be called to testify during this stage, explaining the incident and the impact the injuries had on their life.
After each witness testifies, the opposing attorney has the chance to cross-examine, asking follow-up questions to challenge their credibility, point out inconsistencies, or raise doubts about their version of events.
Once all evidence is presented, each side gives a closing argument, which is a final summary of the case. This is the attorney’s opportunity to tie the facts together and make a persuasive case to the jury for a favorable verdict.
The jury reviews the evidence and decides whether the defendant is liable. If they find in your favor, they’ll also determine the amount of damages. In Pennsylvania, the verdict must be agreed upon by at least 10 jurors if 12 are on the jury panel, and at least 7 if 8 are on the jury panel. Pennsylvania civil cases.
Most personal injury trials last anywhere from a few days to two weeks, depending on the complexity of the case and the number of witnesses. However, the full timeline from filing to verdict can take a year or more due to court scheduling and the length of pre-trial preparation. Your attorney will give you a more accurate estimate based on your case specifics and the local court’s calendar.
If the jury finds in your favor, they will award damages based on your losses, including medical costs, lost wages, pain and suffering, and possibly even punitive damages in extreme cases. A verdict against you means no compensation is awarded, though in some situations, your legal team may recommend an appeal.
Some cases settle mid-trial, even after testimony begins or while the jury is still deliberating.
Trials carry certain risks. The outcome is unpredictable, and jury awards can be lower than expected or result in no award at all. There are also added costs and emotional stress, especially if you’re asked to testify.
While trials can lead to better outcomes in the right cases, an experienced personal injury lawyer will weigh the risks and prepare you for every scenario. In short, in some cases, taking a case to trial is worth the risk, while in some scenarios, a settlement that is fair under the circumstances, or a binding arbitration, might make more sense.
Thorough preparation helps your presentation in court and your self-confidence throughout the process. Here’s what to expect and how to get ready:
Trials require strategy, preparation, and effective communication. An experienced Pennsylvania personal injury lawyer handles everything from jury selection and presenting evidence to cross-examining witnesses and delivering strong closing arguments.
Your legal team also manages the behind-the-scenes work: filing motions, responding to the defense, and making sure your rights stay protected.
At Solnick Lawyers, we prepare every case as if it’s going to trial, and fight to secure the full compensation our clients deserve. Contact us today for a free consultation and find out how we can help get you the justice you deserve. Put Solnick Lawyers on your side!
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