A personal injury is an injury caused by another party. A personal injury claim is a set of facts that can create a right to recover damages from the party who caused the injury. Most personal injury claims are settled through negotiations with the other party. However, some cases cannot be settled. Our Grand Forks & Minot personal injury attorney explains what to expect if your case goes to trial in North Dakota.
What Happens if My Personal Injury Case Goes to Trial?
Even though you filed a lawsuit, you may settle your case before it goes to trial. Some lawsuits settle after the discovery phase when the parties have gathered additional evidence and information. However, if the other party continues to dispute your claim, your case is placed on the trial docket.
It could take months for your case to go to trial. Typically, personal injury lawsuits take a year to two years to be resolved through a trial. Many factors dictate the timeline for a personal injury lawsuit, including the parties involved in the case, the complexity of the matter, and the court’s schedule.
When your case is called for trial, you can expect the following things to happen during the trial:
Jury Selection
Juries decide most personal injury trials. The jury consists of people who live in the county where the case is filed. The jury selection process begins with the clerk selecting jurors at random.
Either side can decline to accept a juror for the trial (i.e., strike a juror). However, the parties have a limited number of strikes. Therefore, attorneys use a detailed strategy to determine whether a juror may rule in their favor to decide if they want a person serving on the jury.
Opening Statements
Each attorney makes an opening statement. The opening statement outlines the case for the jurors from the party’s point of view. Each side contends what the evidence will prove during the trial.
Presenting Evidence
The attorney for the plaintiff presents their evidence to the jury. Witnesses are called to testify under oath. Exhibits may be introduced as part of the testimony. The attorney for the defense may cross-examine the plaintiff’s witnesses.
When the plaintiff finishes presenting their case, the defendant calls witnesses and presents evidence. The plaintiff’s attorney can cross-examine the defendant’s witnesses.
Closing Statements
The attorneys make closing arguments before the jury deliberates. The closing arguments summarize the case and make a final argument to persuade the jury that the evidence presented proves the party’s case.
Jury Deliberation
The judge instructs the jurors about the applicable law for the case and their responsibilities. Then, the jury is excused to deliberate in private. Jury deliberations are confidential.
The plaintiff must prove their case in a personal injury lawsuit by a preponderance of the evidence. The jurors must believe there is more than a 50% chance that the defendant is responsible for causing the plaintiff’s injuries to rule for the plaintiff.
Verdict
If the jury rules for the plaintiff, they determine how much the defendant should pay the plaintiff for economic and non-economic damages. If jurors do not believe the plaintiff proved all legal elements to establish liability, they rule for the defendant. Either party can appeal the verdict if they believe an error of law occurred during the case that impacted the outcome.
Schedule a Free Consultation With a Grand Forks & Minot Personal Injury Attorney
You could be entitled to compensation if another party caused your injuries. Call Pringle & Herigstad, P.C. to discuss your case with a Grand Forks & Minot personal injury attorney. Our attorneys are skilled negotiators and seasoned trial lawyers. We advocate for you during all phases of your case.
