A personal injury trial in California is the final stage of a legal process that occurs if a settlement cannot be reached through negotiations. Going to trial is often the last resort, and it can be complex and time-consuming. However, it is sometimes necessary to seek compensation through a court verdict, especially if the parties cannot agree on a fair settlement amount.
Here’s a step-by-step guide to what happens during a personal injury trial in California:
1. Preparing for Trial
Before the trial begins, both parties engage in thorough preparation, which includes reviewing evidence, gathering witnesses, and creating legal arguments.
- Discovery: By this point in the process, both sides have gone through discovery (exchanging evidence, depositions, etc.) to understand the case’s strengths and weaknesses.
- Pre-trial motions: Prior to the trial, attorneys may file pre-trial motions with the court to resolve issues such as the admissibility of evidence, dismissal of certain claims, or requests for summary judgment.
- Trial strategy: Both sides will finalize their trial strategy, including determining what evidence to present and which witnesses to call. The plaintiff’s attorney will prepare to show that the defendant is liable for the injury, while the defense will try to argue that they are not responsible or that the damages are not as severe as claimed.
2. Jury Selection (Voir Dire)
If the case is being tried before a jury, the trial begins with the jury selection process, called voir dire.
- Voir dire is the process in which both attorneys ask potential jurors questions to determine whether they are biased or have preconceived notions about the case.
- Attorneys will look for jurors who can be impartial and open-minded, and who will base their decision solely on the evidence presented during the trial.
- Both parties have the right to challenge potential jurors for cause (due to bias) or through peremptory challenges (without needing to give a reason).
If the case is being tried before a judge (a bench trial), there will be no jury selection, and the judge will make all decisions.
3. Opening Statements
Once the jury or judge has been selected, the trial begins with opening statements.
- Plaintiff’s opening statement: The plaintiff’s attorney will start by presenting a narrative of the case, explaining the facts, outlining the evidence, and describing how the defendant is responsible for the plaintiff’s injuries. The goal is to give the jury or judge a clear understanding of the plaintiff’s version of events.
- Defendant’s opening statement: The defendant’s attorney will then have an opportunity to present their version of events. They may argue that the defendant is not liable or that the injuries are not as severe as the plaintiff claims.
Opening statements are not evidence; they are just a preview of what each party will attempt to prove during the trial.
4. Plaintiff’s Case in Chief
The plaintiff presents their case first. This is where the plaintiff’s attorney calls witnesses, presents evidence, and establishes the case for liability and damages.
- Witness testimony: The plaintiff’s attorney will call witnesses to testify, including:
- The plaintiff: The injured party will often testify about what happened, their injuries, and the impact on their life.
- Medical experts: These experts explain the nature of the plaintiff’s injuries, the required treatment, and the long-term effects.
- Fact witnesses: These could include people who witnessed the accident or other key events.
- Character witnesses: In some cases, individuals who can speak to the plaintiff’s character may be called to testify about the impact of the injuries.
- Exhibits: The plaintiff’s attorney will present physical evidence (e.g., medical records, photographs of the accident scene, video footage, etc.) to support their claims.
Once the plaintiff’s attorney has finished presenting all evidence and witnesses, they will rest their case.
5. Defendant’s Case in Chief
After the plaintiff’s case is complete, the defendant will present their case.
- Defense witnesses: The defendant’s attorney may call witnesses who can challenge the plaintiff’s version of events, provide alternative explanations, or present evidence that the defendant was not at fault.
- Expert testimony: The defense may present their own expert witnesses, such as accident reconstruction specialists, medical experts, or other professionals who challenge the plaintiff’s evidence.
- Cross-examination: The plaintiff’s attorney has the opportunity to cross-examine the defendant’s witnesses, challenging their credibility, expertise, and the reliability of their testimony.
Like the plaintiff, the defendant will rest their case once they have finished presenting evidence and witnesses.
6. Closing Arguments
After both sides have presented their cases, each party will make their closing arguments.
- Plaintiff’s closing argument: The plaintiff’s attorney will summarize the evidence, reiterate the key points that support the defendant’s liability, and emphasize the damages the plaintiff should be awarded. This is the plaintiff’s chance to convince the jury (or judge) that they have proven their case.
- Defendant’s closing argument: The defendant’s attorney will counter the plaintiff’s arguments, trying to undermine the evidence and create doubt about the plaintiff’s claims. The goal is to show that the plaintiff has failed to prove the defendant’s liability or that the damages sought are excessive.
Closing arguments are the final chance for each party to persuade the jury or judge before deliberation begins.
7. Jury Deliberation (or Judge’s Decision)
If the case is being heard by a jury, the jury will then go into deliberation.
- The jury will discuss the case in private and reach a verdict based on the evidence and instructions given by the judge.
- Jury instructions: The judge will provide the jury with legal instructions, explaining the relevant laws and how to apply them to the facts of the case.
- The jury must reach a unanimous verdict in California in civil cases (though in some circumstances, a supermajority verdict may be allowed).
If the case is being heard by a judge (in a bench trial), the judge will make a decision based on the evidence presented and issue a ruling.
8. Verdict
Once the jury or judge reaches a decision, they will announce the verdict.
- Liability: The verdict will first determine whether the defendant is liable for the plaintiff’s injuries (i.e., whether the defendant was at fault).
- Damages: If the defendant is found liable, the jury or judge will decide the amount of damages to be awarded. This could include:
- Economic damages: Compensation for medical expenses, lost wages, and other financial losses.
- Non-economic damages: Compensation for pain and suffering, emotional distress, loss of enjoyment of life, etc.
- Punitive damages: In rare cases, if the defendant’s actions were egregious or grossly negligent, the jury may award punitive damages to punish the defendant and deter future misconduct.
9. Post-Trial Motions
After the verdict, either party can file post-trial motions.
- Motion for a new trial: The losing party may ask the court to grant a new trial, arguing that there was an error in the trial that affected the outcome.
- Motion for judgment notwithstanding the verdict (JNOV): The losing party may request that the judge set aside the jury’s verdict and issue a ruling in their favor.
10. Appeal
If either party is dissatisfied with the verdict, they may have the right to appeal the decision to a higher court.
- An appeal is a review of the trial court’s decision, focusing on legal errors rather than the facts of the case.
- If the appellate court finds an error, it may reverse the decision, order a new trial, or modify the damages awarded.
Conclusion A personal injury trial in California involves several stages, from jury selection to closing arguments and verdict. While trials can be lengthy and costly, they are sometimes necessary if a settlement cannot be reached. Working with an experienced personal injury attorney is crucial for navigating the trial process, preparing compelling arguments, presenting evidence effectively, and ensuring the best chance of a favorable outcome.
