Personal Injury Claim 101: What to Expect If Your Case Goes to Trial

November 4, 2022

If you’ve been injured in an accident that wasn’t your fault, you may consider filing a personal injury claim. This is the best way to get the compensation you deserve for your injuries. However, if your case goes to trial, what can you expect?

When you file a personal injury claim, the first thing that will happen is that your case will be assigned to a claims adjuster. The adjuster will investigate your claim and gather evidence to support it. Once the adjuster has all of the necessary information, they will make a determination on how much your claim is worth. If you are not happy with the adjuster’s decision, you can bring a claim against the insurance company with a personal injury lawyer.

Most personal injury claims are settled out of court. This means that the insurance company will agree to pay you an amount of money that they feel is fair, and you will agree to drop the case. However, if the insurance company does not offer you a fair settlement, or if they deny your claim altogether, you may have no choice but to take them to court.

If you do decide to go to court, the first step is the selection of a jury. The jury is typically comprised of 12 or fewer people who have been vetted by the judge. By asking questions, the judge will get to know the potential jurors better and understand their views on various case types. This helps the judge determine if a person is a good candidate for jury duty or if they might have personal biases that could affect their ability to serve impartially.

After the jury is selected, the case will move to trial. The next step in personal injury trials is opening statements. Opening statements lay out the facts that support the basis of your legal claim. Your personal injury attorney will typically be the first to present opening statements since they have the burden of proof.

The claimant must clearly demonstrate the burden of proof in order to file a successful claim against an at-fault party. The evidence will be presented following opening statements. Personal injury attorneys in Kentucky generally call witnesses to back up the evidence presented throughout the trial. Witnesses can include individuals who were present when an accident occurred, physicians, financial experts, and even specialists who re-create and analyze the incident.

After the claimant’s counsel offers all relevant evidence, the defense is given an opportunity to present its own evidence. Defense attorneys may summon witnesses and produce documents to back up their argument that the claimant is not entitled to relief. Each side will be given a chance to cross-examine witnesses after both sides have presented their cases.

After each side has presented and questioned their witnesses, it’s time for closing arguments. The defense and plaintiff will both make one final attempt to convince the jury to rule in their favor. The jury will then go into a separate room to discuss the case amongst themselves and come to a verdict. Personal injury cases are usually deliberated rather quickly. In some more complex cases, they can take several days. Once a decision is made, the jury will tell the judge and present the verdict to both parties involved.

No matter what happens during your personal injury trial, it is important to remember that you have the right to seek compensation for your injuries. An experienced attorney will be able to guide you through the legal process and help you get the compensation you deserve.

This is a general overview of what to expect if your personal injury claim goes to trial. Personal injury cases can be complex, so it is important to have experienced personal injury attorneys like Saladino & Schaaf on your side. Contact us today for a free consultation. We can review your case and help you determine the best course of action. Call us now at 270-444-0406 (Paducah, KY) / 270-753-1529 (Murray, KY) or contact us online to get started.




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Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.

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Car Accidents learn more
Semi-Truck Wrecks learn more
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