While many claims are resolved through settlement, some situations require a trial to reach a fair outcome. When that happens, it’s helpful to know what the process looks like and how a personal injury lawyer supports you at every stage. Our friends at Herschensohn Law Firm, PLLC discuss what you can expect if your injury case doesn’t settle and ends up in court.
We’ve found that most people don’t anticipate going to court when they first file a claim. The idea of a trial may feel stressful or unfamiliar, especially when you’re already dealing with the effects of an injury. But the legal process is designed to give both sides a chance to present facts and reach a resolution when agreement isn’t possible. If you’re working with a lawyer who is prepared and thorough, the trial becomes a clear and organized path—not something to fear.
Starting The Trial Process
A case moves toward trial when settlement talks stall or the insurance company disputes liability or damages. Before the trial date is set, we go through several key stages. That includes filing the lawsuit, exchanging information with the other party, and taking depositions—interviews under oath that are recorded and used as part of the case.
During this time, we build out the full record of what happened. We gather medical records, repair estimates, witness statements, and expert opinions that support the claim. This process can take several months, depending on the issues involved and the court’s schedule.
Preparing For Testimony
As trial approaches, we work closely with our clients to prepare for the courtroom. That includes reviewing what to expect when testifying, what questions may be asked, and how to respond clearly and truthfully. For many people, this is their first time in court, so preparation helps reduce anxiety and keeps the focus on the facts.
We also work with witnesses, medical professionals, and others who may testify. Our job is to build a clear story supported by evidence that helps the judge or jury understand the full impact of the injury.
Presenting The Case In Court
During trial, both sides present their case in front of a judge or jury. We begin by giving an opening statement that outlines the facts. Then we call witnesses, introduce evidence, and make arguments that support our client’s position. The other side does the same, and both attorneys have a chance to question each witness.
A key part of the trial is making sure the evidence tells a complete and accurate story. We aim to show how the injury happened, how it has affected our client’s life, and what compensation is reasonable based on those facts.
After both sides have presented their cases, we give closing arguments, and the judge or jury makes a decision. That decision will determine if damages are awarded, and if so, how much.
Staying Focused On The Outcome
While trials can feel like a long process, they often lead to meaningful results when fair settlement wasn’t possible. We help our clients understand what’s happening at each step and what to expect in court. Throughout the case, our role as personal injury lawyers is to stay focused on the facts, present them clearly, and advocate for a fair result.
If your case does go to trial, it doesn’t mean something has gone wrong—it means you’re exercising your right to seek justice through the court system. With preparation and support, the trial becomes a path to resolution.
A personal injury lawyer helps you make informed decisions from the start of your case through the trial stage if needed. Even if you’re not sure whether your case will go that far, having the right team in place gives you the confidence to handle whatever comes next.
