Personal injury trials are normally complex, with distinct stages, procedures, and objectives. As a plaintiff, knowing what to expect at trial is crucial. Please continue reading for valuable insights, and learn how a seasoned New York City Personal Injury Lawyer can effectively represent your interests in court.
How Does Personal Injury Law Work?
Personal injury law, a distinct branch of civil law, provides those who have been harmed due to another party’s misconduct with legal recourse to seek compensation for their damages. Such claims commonly stem from car accidents, slips and falls, dog bites, defective products, and medical malpractice.
The main goal in a personal injury case is for the aggrieved party, designated as the plaintiff, to secure pecuniary redress from the defendant, the entity deemed accountable for the injuries. This restitution may encompass a range of damages, including but not limited to medical bills, lost earnings, pain and suffering, and other associated costs.
New York personal injury law operates on the principle of negligence. Plaintiffs bear the burden of establishing negligence, demonstrating that the defendant owed a duty of care to prevent the accident, breached that duty, and that this breach directly led to the plaintiff’s injuries.
Under the state’s pure comparative negligence law, a defendant may attempt to assign partial or full responsibility for the accident to the other party. While permissible, it can result in a reduction of the plaintiff’s compensation, proportionate to their degree of fault.
What Should I Expect During a Personal Injury Trial?
In New York, the trial process begins with jury selection, also known as “voir dire.” During this phase, both the plaintiff’s and defendant’s attorneys question potential jurors to select unbiased individuals capable of fairly evaluating evidence. A typical jury consists of six to twelve people, along with alternates.
Following jury selection, opening statements are presented. Each side outlines the case it plans to present. The plaintiff’s attorney initiates this phase by explaining the events, identifying the responsible party, and detailing the client’s injuries and damages. The defendant’s attorney then presents their case, often disputing the plaintiff’s claims or providing alternatives. In cases with multiple parties, each may deliver a separate opening argument.
The “case-in-chief,” or presentation of evidence, is the longest and most critical phase of a personal injury trial. Each side presents evidence to convince the jury that their assertions are true, calling witnesses and experts to support their case. After all the evidence is presented, both attorneys will deliver their closing arguments. This is their final opportunity to persuade the jury of their client’s position. The jury will then deliberate in a private room. A unanimous or supermajority vote is usually required. Once the jury reaches its decision, the verdict will be stated, either in favor of the plaintiff or the defendant.
At James Newman, P.C., we are prepared to help you fight for the compensation you deserve. Connect with our firm today to schedule a consultation.
