What Happens If Your Car Accident Goes To Trial

Car accident claims are all too common in the United States. When a car crash occurs because of someone else’s negligence, injured parties can file lawsuits against them to recover compensation for legal damages. These damages can include medical bills, lost wages, property damage, emotional distress, physical pain, and even loss of enjoyment of life. 

Most car accident cases are settled before they reach the trial phase. However, if you are dealing with a particularly stubborn defendant or insurance company, you may be forced to take your car accident case to a civil court. Criminal cases go to criminal court, while civil lawsuits go to civil court. Let’s discuss what happens when you go to court for a car accident lawsuit. 

Pre-Trial Preparations for a Car Accident Claim

Going to court for a car accident case is complicated. There will be a substantial preparation process before the trial even starts. Here are the steps in the pre-trial process that you will likely experience. 

Discovery Phase: Gathering Evidence

Both the claimant and defendant must be able to present evidence to support the car accident case during the trial. The discovery phase gathers evidence such as police reports, medical records, and photographs of the scene and exchanges information between both parties. 

Further evidence will be collected through depositions where the expert witnesses are questioned under oath to gather detailed testimonies and clarify facts. Interrogatories, or written questions, will also be exchanged between the defendant and the claimant. Finally, both parties can request documents to access all relevant records before the court proceeding. 

Motions and Hearings: Legal Maneuvering

Before you go to court, there will be an opportunity for motions and hearings. These steps can sometimes result in the case being dismissed, settled, or decided through summary judgment. Your experienced car accident lawyer could also use them to ignore certain types of evidence or testimonies from specific witnesses. 

This legal maneuvering plays an essential role in the outcome of your case as it gives your lawyer a chance to have pre-trial conferences with the judge. 

Settlement Discussions: One Last Chance to Avoid Trial

There is one last chance for a car accident settlement to be reached before the trial begins. Car accident settlements depend on the legal damages suffered by claimants and the amount of evidence that supports their accusations. 

The best time to arrive at a fair settlement agreement is often after the discovery phase when the defendant has seen how much evidence your team has against them. 

The Trial Process for a Car Accident Case: A Step-by-Step Guide

If no settlement offer is accepted during the pre-trial phase, the case will advance to a full civil court proceeding. This stage involves a jury, the presentation of evidence, cross-examinations, and a final verdict. 

Jury Selection (Voir Dire)

The jury is responsible for determining the outcome of the car accident injury claim. They will decide if the defendant is more likely than not to have caused the accident through their negligence. Selecting the jury is a crucial step before the trial begins.

Jury selection involves identifying fair and impartial jurors to ensure an unbiased trial. During this process, attorneys use challenges for cause and peremptory challenges to dismiss potential jurors who may have biases or conflicts of interest. These steps are crucial in forming a jury that objectively evaluates the evidence and delivers a fair verdict.

Opening Statements: Setting the Stage

The trial will begin with the opening statements. As the plaintiff, your personal injury attorney will present your case first, summarizing the evidence, damages, and reason for negligence. Then, the defendant’s attorney will offer their perspective on the case to refute your claims. Preliminary statements are a formal trial process phase that initiates the following back-and-forth. 

Presentation of Evidence and Witness Testimony

Both teams will go back and forth, presenting evidence, calling expert witnesses, and asking questions of witnesses. As the person who filed the car accident claim, you and your lawyer will attempt to prove liability for the collision and demonstrate the legal damages you have suffered. 

The defendant will try to refute all of your claims with their own evidence and witness testimonies. Cross-examination occurs when the opposing lawyer questions a witness to challenge their credibility. 

Closing Arguments: Summarizing the Case

If you go to court for a car accident, the final stage of the back-and-forth is called the closing argument. During this process, the defendant and the claimant will make one final appeal to the jury. Your personal injury lawyer will use this argument to convince the jury that the defendant is more likely than not to have acted negligently and caused the accident. 

The defendant’s lawyer will try to argue that this is not true by highlighting the weaknesses in the plaintiff’s case and reinforcing their rebuttal points.

Jury Instructions: The Rules of the Game

Before the jury deliberation stage, the judge will lay out the verdict rules to the jurors. The judge will explain the legal standards for siding with the plaintiff and the burden of proof required. In a personal injury lawsuit, the burden of proof typically requires the plaintiff to prove that the defendant is “more likely than not” the at-fault driver. 

Jury Deliberations: Reaching a Verdict

Before the jury rules in favor of one party, they will retreat to a private space to deliberate about the case. Here, they will decide if enough proof has been provided to grant victory to the plaintiff or if they have failed to demonstrate that the defendant behaved negligently and caused the car accident. A unanimous or majority verdict will be required to end the trial. If this has not yet been reached, the deliberations will continue. 

Verdict Announcement and Judgment

Eventually, once a verdict has been reached, the jury will return to the courtroom and announce their findings. This verdict will include the decision on liability and the damages that will be rewarded to the plaintiff. 

Many car accidents that go to court result in settlements worth thousands of dollars, which may come from the other driver’s insurance company or finances. The judge will formalize this verdict into a legal judgment to conclude the trial. 

Post-Trial Procedures

Even though the court proceeding has ended, that does not mean the trial is completely closed. There are several post-trial procedures before your personal injury case is concluded. 

Appeals: Challenging the Verdict

The defendant and the plaintiff could file an appeal if the decision does not go their way. Grounds for an appeal include legal errors, an impartial jury, or misconduct during the trial. Depending on your state, there is a limited time that an appeal can be filed to challenge the verdict. Appeals are common in civil cases, but they are only sometimes successful. 

Collecting the Judgment: Getting Paid

If your car accident case goes well, the defendant will be forced to pay a fair settlement as determined by the jury. There are several ways to enforce this payment if the defendant refuses to do so or delays it. A judgment lien can be filed on the defendant’s real or personal property to force them to sell it to pay the money they owe. 

Wage garnishment can be used to take a portion of the defendant’s paycheck to cover the debt, though there are limitations. Another option is for the judge to have the sheriff seize property from the defendant to pay off the debt. 

Weigh Your Options Carefully with a Car Accident Lawyer

Car accidents are hard enough without a complicated court case thrown into the mix. You deserve the chance to earn fair compensation if you have suffered damages because of an auto accident. A stubborn defendant and their insurance company could force you into a court proceeding for which you are ill-prepared and under-equipped.

Car accident victims who need help earning financial compensation can turn to Mitch Grissim & Associates for help. Our team of attorneys can handle your personal injury claim, especially if it goes to court. In your case, you will need legal guidance to level the playing field and pursue justice against the at-fault driver. For free consultations about your case, contact us today at 615-255-9999 or via our online form.