The Civil Trial Process

Can you explain the civil trial process to me ... ?

Yes and no. Like we have said all along, no two traffic accidents are alike. The same can be said about court trials. No two trials have the same jury, judge or opposing counsel. The trial process is tedious and at times boring. At times, it sounds and looks like TV, the only difference is it's your trial.

Here are the basic steps of a civil trial:

Step 1) Your attorney files papers suing the driver/insurance company that hit you.
Step 2) Each attorney takes an oral deposition of each driver of both vehicles and any witnesses. This means the opposing counsel is questioning you about your life, past accidents, past health problems, your interpretation on how the accident happened and so forth. This is really a feeling out process by both attorneys as to how strong their case is and how you stand up under questioning.
Step 3) Your questions and answers called (interrogatories) are typed up and sent to you for your review. You can change the wording of any answer you gave during this questioning. Once you sign off on them and return them to your attorney, he or she sends them to the opposing attorney. Each side reviews the interrogatories and then starts building their case.
Step 4) Papers are filed at the court house to set up a trial date.
Step 5) A trial date is set.
Step 6) Day of trial.

Months will go by before you go to court, in some cases, even years. During this process, you will be offered many out of court settlement offers. If a settlement offer comes to you and it is the dollar figure you are looking for, then take it. There are no sure winners when it comes to a jury trial.

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Can you explain the trial process to me ... ?

Well, here you are, you're in a court of law, it's real, it's live. All these people are here to give you, your day in court. Relax, stay calm, get yourself under control and try not to appear nervous. You have some stressful days ahead of you. Here is some insight as to what goes on during the trial.

Lets begin:

First thing up is the introduction of the court staff, including the judge, the clerk, the armed sheriff, opposing attorneys, the plaintiff and the defendant.

Next up, selecting the jury from the jury pool. This is the time where the potential jurors meet you and the attorneys for both sides. The clerk calls for the jury pool to be seated. Sitting charts are given to each attorney. Now, sit back take out some paper and pen and get ready to listen and take notes. Both attorneys question each juror on their thoughts and beliefs.  It's a feeling-out process that lawyers do to decide on who they think will be your best jurors. The jury pool is dismissed for recess so your side can pick which jurors you want. Now you and your attorney will go into a private room and discuss the pros and cons of each person in the jury pool and identify the jurors you want and don't want. When the jury pool is called back into the court room, each lawyer has 8 throw outs they will use to pick your jury. Expect the fireworks to start right here. Each side is going for who they think will help their cause in this case. The lawyers do their thing and the jury gets picked. This whole process takes about 3 to 4 hours to complete. One of two things will happen next, the jury goes home and comes back at 9:00 AM the following day, or the trial will begin after a lunch break that same day.

Next up, admittance of evidence. Opposing counsels square off. Your attorney is trying to get all of your evidence admitted so they can use it to build your case in front of the jury. Once that's taken care of, the jury is called into the court room.

Next up, jury instruction. The judge thanks and instructs the jurors on the law and what their duties are regarding this matter. Straight forward and to the point.

Next up, opening statements. Your attorney gets up and talks to the jury on your behalf and gives them insight into your case. He or she will tell the jury what they are going to prove during the course of the trial. They will tell the jury what they expect to happen as to the outcome of the trial. Opposing counsel gets up and tells the jury their side of this case and what they expect to happen.

Next up, the trial. Presentation of evidence by both sides. You will have a speaking part during this phase of the trail. If you are the plaintiff, you're the one suing the defendant. Your attorney will present your case, this usually involves you and any witnesses getting on the stand and answering questions your attorney is asking you. Once that's done, you and any witnesses will be cross examined by the defendants attorney. Then the defendants attorney presents their side and any witnesses they have. Your attorney has the opportunity now to cross examine the defendant and any witnesses. Your almost finished.

Next up, closing statements. This is where your attorney gets up and talks to the jury about the evidence they just heard. If you're the plaintiff, your attorney is telling the jury why you should be awarded a certain sum of money. Then the defendants attorney reviews their side of the case and tells the jury why they should not give you that certain amount of money, or any money at all. 

Next up, jury deliberation. The case now goes to the jury to decide who wins and who loses. The jurors are instructed by the Judge as to their duties and are sent to a room to deliberate the case. It's anybody's guess as to how long a jury can take to decide the outcome of a trial. When the jury is finished deliberating, they will tell the clerk and the judge calls them back into the court room to present their verdict.

Next up, the verdict. The judge asks the jury if they have reached a decision. The jury foreman is then asked to read the verdict. If they find for the plaintiff you will hear, "we find for the plaintiff." The judge then asks the jury foreman for the amount of money to be awarded, you will then hear a dollar figure being read off. You've won. Case not closed

If your the defendant and you hear, "we find for the defendant." You've won. Case closed.

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OK, I won a judgment, what do I do next?

Collecting your judgment award may take months, even years to collect. If your judgment is under the policy limits of the defendants insurance policy, then you will collect your monies sooner than later. If your judgment is over the policy limits of the defendants insurance policy, you have another battle to collect your monies. The system is set up for a series of appeals by the defendants attorney. These appeals can take months, even years to run their course. During that time, your attorney will be trying their best to use the law to collect all of your judgment award. You're not suing an individual here, you're suing their auto insurance carrier, always remember that. Your David, you just beat Goliath in hand-to-hand combat and the big guy is angry. He's going to be sure it takes you a long time to collect your monies. They will threaten lengthy appeals to try and get you to the bargaining table to reduce your award. 

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What does an appeal mean ?

The insurance industry does not like losing. They will instruct their attorney to appeal the case based on "whatever". You would have to be a lawyer to truly understand appeals. Appeal means "apply to a higher court." What does an appeal mean to you, simply this, a delay tactic by the loosing side. Their attorneys will pick apart the trial, piece by piece trying to find anything that they can use for an appeal. Your attorney then fights their appeals by using the law and case history. It's a crap shoot, but it's part of the process. During this time, opposing counsel will be offering your attorney an opportunity to meet with an arbitrator. This will be the last attempt to settle monies before a long drawn out appeals process. The insurance industry has very deep pockets and will attempt to out wait you. 

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What is arbitration  ?

Arbitration means "determine: settle dispute" An Arbitrator is a person appointed by parties involved to settle a dispute. What does it really mean to you? Basically, it means taking less money than your judgment award! The arbitration will last process will go on for only one day. At the end of that day you will have their finally dollar offer. 

If your like most people this is really going to make you mad. It really comes down to two options.