Facing a personal injury lawsuit can feel like navigating through a storm, particularly when the path leads to a trial. While many personal injury cases reach settlements outside of court, there are times when a trial becomes inevitable. This shift necessitates a comprehensive understanding of the trial process.
At The Johnson Firm, our Lake Charles personal injury lawyers equip our clients with the knowledge and preparation needed for every possible turn their case might take, particularly when heading to trial. Keep reading to learn the crucial stages and components of a personal injury trial in Louisiana, helping you navigate these waters confidently.
Preparing for trial
The journey to trial begins long before you set foot in the courtroom. Preparation is crucial and involves several key steps.
Discovery process
The discovery phase is where both sides exchange information related to the case. This includes depositions, where witnesses and the involved parties are questioned under oath by attorneys from both sides. Interrogatories, written questions that must be answered under oath, and requests for documents are also part of this phase. This process helps both sides gather the facts and build their respective cases.
Pre-trial motions
Attorneys may file pre-trial motions before the trial to resolve procedural or substantive issues of the case. These can include motions to dismiss certain claims or to admit or exclude specific evidence.
What happens during a trial?
A personal injury trial is a structured process with several distinct stages.
Jury selection
If the trial is before a jury, the first step is jury selection, where potential jurors are questioned to ensure they can judge the case impartially. This process, known as voir dire, is crucial as the jury’s composition can significantly influence the trial’s outcome.
Opening statements
Once the jury is selected, the trial begins with opening statements from both sides. This is not the time to present evidence but rather to outline what each side believes the evidence will show, setting the stage for the factual narrative each will attempt to prove.
Witness testimony and cross-examination
The bulk of the trial involves the presentation of evidence, including witness testimony. Witnesses, including the plaintiff, medical experts, eyewitnesses, and others, will provide testimony about the case. After a witness is examined by the party that called them to testify, the opposing party has an opportunity to cross-examine them, challenging the testimony and trying to uncover inconsistencies or biases.
Closing arguments
After all evidence is presented, each side makes its closing arguments. This is their last chance to summarize the evidence and persuade the jury of their version of the facts. Closing arguments allow the attorneys to frame the evidence to favor their client.
Jury deliberation and verdict
The jury then deliberates privately, discussing the case and deciding whether the defendant should be held liable and, if so, what amount of damages should be awarded to the plaintiff. The verdict must usually be unanimous in civil cases in Louisiana.
Post-trial motions
Even after a verdict is rendered, there can be post-trial motions where either side can ask the court to alter the jury’s decision, grant a new trial, or change the award amount. These motions are based on claims of legal errors that could have affected the jury’s decision.
Legal support throughout the process
At The Johnson Firm, our commitment to our clients extends beyond just representing them in court, but we start preparing for trial the moment a client first calls us. We provide comprehensive support throughout the trial process, from the initial consultation through the post-trial proceedings. Our expertise in Louisiana personal injury law, meticulous preparation, and strong advocacy ensure that our clients are well-represented at every turn.
Contact us and learn how we can assist
If your personal injury case is going to trial, understanding what to expect can help alleviate some of the stress associated with the process. At The Johnson Firm, we ensure that our clients are not only ready to face the trial but are also equipped with the knowledge and support they need to navigate it successfully.
If you have a personal injury case that may be heading to trial, contact us to learn more about how we can assist you through this challenging time.