The ideal outcome of any personal injury case is an out-of-court settlement for maximum compensation. Unfortunately, insurance companies don’t always play fair, and they won’t always offer the settlement you deserve. When that’s the case, your attorney will file a lawsuit and take your claim to court, where they’ll fight for a favorable verdict on your behalf.
If your case is headed to court, you’re probably wondering what to expect. The experienced personal injury attorneys at Holland Injury Law, LLC, are here to help you get a clearer picture of the trial process with this step-by-step guide.
Step 1: Filing the Lawsuit
Once settlement negotiations fail, your attorney will file a petition with the appropriate court, outlining the following:
- Who is involved in the case
- The circumstances of your injury
- The legal basis for your claim
- The compensation you are seeking
After filing the petition, the at-fault party is formally served with the lawsuit and given a chance to respond. Under Missouri law, this must be done within five years of the accident, and building a strong case becomes harder the longer you wait, so contact a lawyer as soon as possible if you want to avoid waiving your right to seek compensation.
Step 2: The Discovery Phase
Before trial, both sides engage in discovery, a formal exchange of information that can include:
- Written questions answered under oath
- Requests for relevant documents (e.g., medical records, repair bills, employment records)
- Sworn in-person testimony from involved parties, witnesses, or experts
- Statements that a party must admit or deny, which can narrow the issues addressed in the trial
Through the information obtained in discovery, the parties can build their cases on common ground and won’t be surprised by any new information in court.
Step 3: Pre-Trial Motions and Mediation
Many Missouri personal injury cases settle before reaching a courtroom, even after a lawsuit is filed. Sometimes, a neutral mediator may work to help both sides reach an agreement. Pre-trial motions may also be filed to resolve legal questions or limit what evidence can be presented at trial.
Step 4: Trial Preparation
If the case proceeds to trial, your attorney will prepare by organizing and reviewing the evidence collected in discovery, preparing witnesses and experts to testify, and developing strategies for presenting a clear and compelling case for the compensation you deserve.
Step 5: Trial
During the trial, both sides will have an opportunity to present evidence and provide arguments. The process typically includes the following:
- Opening Statements: Both attorneys present a summary of their case to the judge or jury before supporting it with testimony, evidence, and cross-examination.
- Presentation of Evidence: Witnesses and experts are called to testify, and documents like medical records, accident scene photos and videos, and financial records are introduced.
- Cross-Examination: Attorneys are given an opportunity to question opposing witnesses to challenge their credibility.
- Closing Arguments: Each side summarizes the evidence, explains how it supports their case, and asks the court for a verdict in their favor.
Step 6: Verdict and Post-Trial Options
The judge or jury will review the evidence and issue a verdict. If you win, the court determines the amount of compensation you’re entitled to. The losing party has the right to appeal the decision. Your attorney can advise you on whether to accept the verdict or pursue an appeal.
Step 7: Collecting Your Judgment
Receiving your compensation is not always simple. If the insurance company delays payment, your lawyer may need to take steps to collect the judgment, which may include wage garnishment, property liens, or negotiating a structured payment.
Contact a Personal Injury Lawyer Today
If you’ve suffered injuries in an accident caused by someone else’s negligence, you need an experienced personal injury attorney to protect your rights. The team at Holland Injury Law, LLC, has recovered over $300 Million for our 7,000+ clients. We prepare every case as if it’s going directly to trial, so we’re always ready to fight for the verdict you deserve. Contact us today for your free consultation.