The Process of Litigation in Personal Injury Cases - Tips from a Dallas Personal Injury Attorney

When someone is hurt or killed because of the carelessness or negligence of another person or business, the victim (or their family) will typically retain the services of a personal injury attorney to help them pursue justice and fair compensation for their losses.

Hiring an experienced injury attorney and filing a personal injury lawsuit is often the only way to ensure full compensation for past and future medical bills, lost wages, and non-economic damages (i.e., pain and suffering, physical impairment, and loss of enjoyment of life) for an accident victim and their family. Unfortunately, insurance companies are notorious for lowballing accident victims whom a lawyer does not represent.

After a lawsuit is filed, the parties can settle the case out of court for an amount that both parties agree is fair and covers the plaintiff's losses without going to trial. In a personal injury lawsuit, a trial is scheduled when the plaintiff and the defendant cannot reach a settlement. Either a judge or a jury will decide whether or not the defendant was negligent (at fault) and, if so, how much money the plaintiff should receive as compensation for their losses and damages.

But what happens during each trial stage, and what can a victim expect? Read on to learn more and call our skilled team at Rasansky Law Firm if you've suffered injuries due to another party's negligence. For decades, Texans across the Lone Star State have relied on our compassionate, caring attorneys because of our commitment to advocating on behalf of citizens just like you.

Jury Selection in a Texas Personal Injury Trial

In a personal injury trial, the first step is jury selection, sometimes called "voir dire."

The attorneys for both sides will review and question a pool of possible jurors to determine if any of them hold attitudes or beliefs that would make them biased if they were to serve on the jury. After questioning and deliberation, attorneys for both sides will "strike" (remove from the jury) any potential members they believe cannot be fair and impartial.

The court will then pick a jury from the remaining pool of potential jurors, with the number of jurors ranging from 6 to 12.

Opening Arguments For a Personal Injury Trial

After the jury selection in a Texas injury trial, the lawyers will make what is known as their opening arguments.

The injured party (plaintiff) will always make the initial and closing statements in a lawsuit, as it is their responsibility to prove that the defendant was negligent and the extent to which their injuries were caused.

In their opening statements, attorneys lay out a plan for the trial by explaining what evidence and testimony will be presented by each side and why it is necessary for their client to prevail:

• Plaintiff(s) will go first, detailing what transpired that led to the accident, why the defendant(s) are at fault, and a brief summary of the damages the plaintiff sustained due to the defendant's carelessness.
• After the plaintiff's attorney has made their statement, the defendant's attorney will present the facts and evidence that the defendant was not negligent in causing the accident and that the plaintiff was not injured or as severely as the plaintiff claims.

Cross-Examination in Personal Injury Cases

The "case in chief" for the plaintiff begins after the opening statements. The plaintiff or their lawyer presents their case to the jury or judge by calling witnesses to the stand and questioning them about the evidence they will use.

First, witnesses must take an oath in Texas courts; they must swear to tell the truth before giving testimony. From there, the attorney who brought the witness to the stand will question them. That's what we call a "direct examination."

When the direct examination is complete, the other side's attorney may then question (or "cross-examine") the witness on the information the witness has just given (or "rebut").

How Do Closing Arguments Work in Personal Injury Trials?

After both sides have presented their evidence and testimony in their case in chief, the "closing" arguments will be made.

In closing arguments, lawyers can explain why their clients should win the trial despite being barred from doing so in opening arguments, which are limited to outlining the case's facts.

Since the plaintiff bears the burden of proof under Texas personal injury law, their attorney gets to make closing arguments first and then can make rebuttal arguments in response to the defense's statements. Therefore, the plaintiff is the last to address the court before deliberations begin.

Closing Arguments in Texas Personal Injury Trials

In closing arguments, a skilled personal injury attorney will use the trial's testimony and evidence to make two main points:

1. Why the jury or judge must find in favor of the plaintiff, and...
2. The amount the defendant should be ordered to pay the plaintiff to compensate for the injuries, medical expenses, and financial loss the plaintiff sustained due to the defendant's negligent or wrongful conduct.

How Do Jurors Reach a Verdict For Personal Injury?

Following the conclusion of the closing arguments, the judge will give the jury specific instructions to follow as they deliberate the case and reach a verdict.

The amount of money the jury awards the plaintiff in damages and as compensation for his or her injuries, medical expenses, and other financial and non-economic losses, such as pain and suffering, mental anguish, physical impairment, and physical disfigurement, depends on whether or not the jury finds that the defendant was negligent and, as a result, is responsible for causing the plaintiff's injuries.

Deliberation may take several hours or several weeks, depending on the circumstances of the case.

The majority of jurors in a Texas court and other state courts are not needed to reach a verdict on the amount of damages. However, in federal courts, the jury must reach a unanimous verdict before any damages can be awarded.

If 9 of the 12 jurors cannot agree on a verdict (or if the jury is not unanimous in federal court), the trial ends in a "hung jury." When a jury cannot reach a verdict, the trial ends and must be restarted with a new jury.

Otherwise, the verdict is the jury's final determination of fault and amount of damages. The verdict is a binding ruling that states whether or not the defendant is responsible for the plaintiff's injuries and the amount of monetary damages that the defendant must pay to the plaintiff.

Call the Rasanky Law Firm For Personal Injury in Dallas

Retaining an attorney for a personal injury trial in Texas is essential to ensure you have the best chance of winning your case.

At Rasansky Law Firm, our lawyers have handled a number of personal injury claims and are ready to serve you today.

Contact our Dallas-area personal injury attorneys by calling 214-617-1816 if you or one of your loved ones suffered injuries and other damages in a Texas accident due to someone else's negligence.