How to Handle a Personal Injury Trial | Easy Guide for Accident Victims

personal injury trial, personal injury lawsuit with courtroom trail

If you have been seriously injured in an accident, a life-changing settlement is at stake. Maximizing the compensation you receive requires a tough, tested trial lawyer with experience handling a personal injury trial case like yours.

Trust Turnbull, Holcomb & LeMoine, PC to manage every aspect of your personal injury lawsuit – and to provide quality legal counsel when you need it most. From your initial consultation to the courtroom, our dedicated trial lawyers will walk beside you each step of the way. Contact us today to get started!

Easy Guide on Personal Injury Trial Process (8 Steps)

Many accident victims are left feeling overwhelmed and unsure about what to do next. Here at Turnbull, Holcomb & LeMoine, PC, we understand that navigating the legal system can seem daunting – which is why we’ll handle all the heavy lifting. Our trial lawyers have provided a general timeline to give you an idea of what to expect:

STEP 1: TAKE APPROPRIATE ACTION IMMEDIATELY AFTER YOUR ACCIDENT

Call 911 and wait for first responders to arrive. If you require emergency medical attention, get treated on the scene. If not, be sure to visit your doctor as soon as possible – even if your injuries seem very minor. Some injuries are not immediately evident and failing to see a doctor could give the insurance company grounds to say that you are not really injured, or that your injuries were not caused by the accident. Make sure to collect evidence at the scene as well. Take photos, exchange insurance information, get any witnesses’ contact details, make sure the responding police officer completes an accident report, etc.

STEP 2: HIRE A PERSONAL INJURY LAWYER FOR TRIAL

It is always good to have trusted legal counsel on your side, especially for anything more than a very minor accident claim. In order to preserve evidence, it is best to involve a personal injury law firm near you as soon as possible. Be sure that the firm you choose has experience taking accident cases like yours to trial.

STEP 3: LAWYER WILL ISSUE A DEMAND LETTER 

Before officially filing a personal injury lawsuit, your lawyer will issue a demand letter that details the accident (including the injuries sustained) and includes the amount of compensation you are seeking. The letter will often have a deadline that the defendant must respond by.

STEP 4: LAWYER INVESTIGATES & GATHERS EVIDENCE FOR TRIAL

Next, your personal injury lawyer will learn more about your accident, as well as your injuries and medical care. They will also obtain your medical records and treatment-related bills. Keep in mind that your lawyer will likely not make a demand for compensation or file a personal injury lawsuit until you have reached a point of maximum medical improvement (MMI). Before this point, it is impossible to estimate your future medical expenses and know how much your case is truly worth. This step can take months.

STEP 5: LAWYER FILES A PERSONAL INJURY LAWSUIT ON PLAINTIFF’S BEHALF 

The litigation phase begins once your lawyer files a personal injury lawsuit in court. While procedures vary from state to state, it typically takes one to two years for a case to go to trial. But due to the statute of limitations, you must file within a certain period of time.

STEP 6: THE DISCOVERY PHASE BEGINS

During this step, each party investigates the other’s legal claims. Interrogatories, or questions, are sent and document requests are made. Depositions will be taken too, from all involved parties and witnesses. Be advised that the discovery phase can last appropriately six months to a year, depending on the case’s complexity and the court’s specific deadlines.

STEP 7: MEDIATION AND NEGOTIATION TAKE PLACE

Both the defendant’s and the plaintiff’s lawyers will now begin discussing settlement. Sometimes a mutually agreeable settlement is easily reached, but in other cases, the lawyers will go to mediation. During mediation, both clients and both lawyers will seek assistance from a neutral third-party mediator.

STEP 8: TRIAL BEGINS

In many cases, mediation is successful and the plaintiff settles. If not, the case is scheduled for trial and your lawyer will prepare to advocate for you in the courtroom. Some trials last a day, while others drag on for weeks or even longer. No matter what it takes, our trial lawyers will fight tirelessly to ensure you do not settle for less than you deserve.

STEP 9: THE VERDICT (END OF TRIAL)

Once a verdict is reached, if your case is successful, your lawyer will get to work collecting and then distributing funds, including your payout.

STEP 10: POST-TRIAL MOTIONS AND APPEALS

Even if the court rules in your favor, the defendant is able to file a post-trial motion. This motion may be designed to reduce the amount of damages owed or to set aside the verdict entirely. They may also file an appeal which requests a higher court’s review of the case for legal errors.

Snapshot of Personal Injury Lawsuit Terminology

Plaintiff: The party, often an accident victim, filing a lawsuit in pursuit of compensation

Defendant: The party who is being sued

Personal Injury Lawsuit: A legal dispute that arises when one person is injured in an accident and someone else is to blame. The at-fault party’s insurance company will pay the accident victim to compensate for their losses (medical bills, pain and suffering, lost wages, etc.)

Trial Lawyer: A lawyer who specializes in defending clients in the courtroom, often possessing an aptitude for choosing jury members, contacting witnesses, cross-examining, arguing motions, and more

Defense Lawyer: A lawyer whose primary focus is representing clients who have been charged with a crime or are being sued

Civil Law: The rules and regulations that apply when one party sues another, including personal injury cases, family disputes, housing cases, and more. Civil cases differ from criminal cases where the defendant has been charged with a crime.

Settlement: The official agreement that details the amount of money (or specific act) used to satisfy the dispute

Discovery Phase: The pre-trial phase during which each party launches an investigation into the case, gathering evidence by requesting documents, depositions, and more

Need to File a Personal Injury Lawsuit? Hire an Experienced Trial Lawyer Near Me at Turnbull, Holcomb & LeMoine, PC

If you have been injured, you need trusted legal counsel to handle your personal injury trial – now more than ever.

Our trial lawyers have tackled a wide variety of personal injury cases – and we are eager to put our extensive experience to work for you. Here at Turnbull, Holcomb & LeMoine, PC, we never back down from a challenge. For trial lawyers ready to fight for you, get in touch today!

We offer a successful track record in managing personal injury lawsuits like these:

Brain Injury
Product Liability
Truck Accident
Brain & Spinal Cord Injuries
Slip & Fall
Back & Neck Injury
Negligent Security Injury
Birth Injury
Burn Injury
Dangerous Drug
Better Homes & Gardens Recall
Zantac Lawsuit
Philips CPAP Lawsuits
Roundup Lawsuit
Paraquat Lawsuits
AFFF Lawsuits
Storm Damage Insurance Claims
Camp Lejeune Water Contamination Lawsuit
Car Accident 
Motorcycle Accident
Bicycle Accident
Pedestrian Accident
Medical Malpractice
Nursing Home Abuse
Practice Areas 

Meet Your Personal Injury Lawyers

Brett Turnbull 
Alan Holcomb 
Bobby LeMoine
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