If you filed a lawsuit stemming from a car crash and it failed to settle for an amount that covers all of your losses, you may be going to trial. If this is you, you may have concerns about what trial will be like, how long it will take and what the result will be. Trials may seem like fun on television, but in real life they can be intimidating and stressful. Here are a few frequently asked questions that will help you understand what you may encounter at trial:
- What will my lawyer do? Your lawyer will present your case to the judge and, in some cases, a jury. He or she will make an opening statement, explaining your case, and the defendant will have the chance to do the same. Each side will call witnesses who know something about the accident or your injuries to try to prove their case. Each side will also present evidence through these witnesses such as copies of your medical bills, the police report, or other things that help establish the story. The case ends with closing statements made by each side. Then the judge or jury will deliberate and make a decision.
- What will I have to do? You will need to appear for at least portions of trial. We typically have our clients appear for jury selection and the rest of trial unless the client has emotional consequences from the crash that will be aggravated by hearing difficult evidence. You will also need to testify. When you testify, you will swear an oath to tell the truth to the court. Then, your attorney will ask you questions regarding the accident and your injuries. This is called “direct examination.” The defendant, likely the defendant’s attorney, will then get a chance to ask you questions about the accident and your injury. This is called “cross-examination” and can be difficult emotionally. We will have discussed these examinations with our client. Our client will be prepared to answer the questions, not just in terms of understanding key facts, but being ready to handle the emotional side of testimony. Being prepared and knowing what to expect will make that part of trial much less stressful and far more comfortable.
- How long will it take? A jury trial in a serious personal injury case typically takes several days, depending on the facts of the case. Some cases involving multiple parties and expert witnesses can take weeks. Simple and smaller cases may be tried to a judge in the General District Court and may conclude in just a couple of hours. Make sure that you talk to your attorney about how long he or she thinks trial will last so that you can be prepared to take time off from work, and arrange transportation or childcare, if necessary.
- Will it be expensive? While it may be expensive to take a case to trial, it is important to understand that our firm will cover the expenses associated with trying a case. If we cannot recover money for you in a personal injury case or wrongful death case, you will not owe anything. One of the best parts of a contingency fee arrangement in a personal injury or wrongful death case is that you will not need to pay for your attorney’s time, regardless of whether your case is successful. Although our law firm covers the costs associated with a trial, such as the expensive fees charged by expert witnesses to testify at trial, it is important to understand that those costs will ultimately be paid out of the final amount that is recovered in your case. Because of the high costs charged by expert witnesses, you may conclude that the final offer you receive before trial is worth avoiding the additional costs that will be taken out of a verdict.
Although trials can be stressful, our experienced personal injury attorneys are very comfortable in the courtroom. We have tried cases to juries throughout Virginia, and our track record shows that we have been successful.
In fact, Virginia Lawyers Weekly noted that our attorneys had 3 of the 14 largest verdicts in 2023. Results like that happen because we are tireless in our preparation for trial, and we will work as hard as possible to make our clients comfortable as well.
Call us today for a free consultation.
Call 434-817-3100 or complete a Case Evaluation form
