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What to Expect in a Personal Injury Trial

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Published: 23Nov2010
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The personal injury trial process is not too different from the dramatizations we see on TV and in the movies. Minus the shouting and desk-pounding antics that make that kind of media "entertainment" for some, the actual proceedings are pretty close to what the typical American has become familiar with in the world of court procedure.

Stage 1 of Your Personal Injury Trial - Jury Selection

The first stage of a personal injury trial is the jury selection where the judge and both attorneys have the right to dismiss potential jurors based on a number of factors. Once they've whittled the pool down to the proper number (usually 7) these will be the jurors responsible for deciding the final personal injury compensation. Now that all the players are in place, the actual personal injury trial may commence.

Stage 2 of Your Personal Injury Trial - Opening Statements

The next stage on your quest for personal injury compensation is the opening statements. Each side of the case is given the opportunity to state their claims in regards to the accident and injury sustained by the plaintiff. The defendant's attorney will counter these claims with their own statements against the plaintiff's charges.

Stage 3 of Your Personal Injury Trial - Witness Testimony

Following these opening statements in your PI trial, each side will be allowed a period of witness testimony and cross-examination. This is often referred to as the "case-in-chief" stage where both sides have the opportunity to present their evidence in support of their arguments. Witnesses may be the plaintiff and defendant themselves, persons who were at the scene when the accident took place, and expert witnesses to support evidence.

Stage 4 of Your Personal Injury Trial - Closing Arguments

Once each side has presented their evidence the closing arguments are given to "sum up" the information each side has presented to the court. This gives the jury a refresher before they head into the final stage before a decision can be reached.

Stage 5 of Your Personal Injury Trial - Jury Deliberation

The jury, having been properly informed of each side's claims, arguments, evidence, and desires for trial outcome, are now instructed by the judge as to which legal standards they are to use to decide the final verdict. Jury deliberation may take only a few minutes, or in some complex cases several weeks before a decision is made.

Stage 6 of Your Personal Injury Trial - Final Verdict

When the jury in your injury trial has come to a decision they report their verdict to the judge. After reading the verdict aloud in court, the personal injury compensation is awarded and you will complete the necessary documentation to finalize the process.

Ben Glass is a personal injury attorney in Fairfax, Virginia. He has been representing individuals against the insurance companies since 1983. He has authored numerous consumer publications, including The Truth About Lawyer Advertising and The Ultimate Guide to Personal Injury Claims in Virgina. He is a frequent lecturer to the legal community. Visit his web site at www.BenGlassLaw.com.

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