If you’re working with a San Luis Obispo personal injury attorney, there’s a good chance your case will be resolved through a negotiated settlement. Many personal injury claims are resolved outside the courtroom, often through mediation or discussions with the other party’s insurance company. But sometimes, reaching an agreement just isn’t possible. When that happens, your case may move forward to trial.
So what can you expect if your personal injury case goes to court in San Luis Obispo County? Below, we’ll walk through the civil trial process in California and help you understand what happens at each step, from pretrial motions to jury deliberation.
Why do personal injury cases go to trial?
Per California personal injury laws, when you file a lawsuit, it’s with the understanding that it can end up going to trial. There are a few reasons your case may end up in court:
- The defendant contests liability, believes they did not owe you a duty of care, and is prepared to make a case denying that they are the at-fault party
- The plaintiff and defendant failed to achieve a settlement agreement
- Your lawyer believes punitive damages are in order; the only way for a plaintiff to receive these is if a jury awards them
Personal injury claims are heard in county civil courts and typically involve a jury. The burden of proof lies with the plaintiff—they must prove that the defendant owed them a duty of care, failed to fulfill it, and show that they suffered financial loss. However, the burden of proof in civil trials is lower than in criminal trials; your lawyer must prove your case with a preponderance of evidence (enough for a jury to say, “Well, probably”) versus proving their case beyond a reasonable doubt (as in criminal trials).
If a jury finds in favor of the plaintiff, it also determines the amount of damages the plaintiff receives, which can include their court costs and any exemplary damages they feel are appropriate.
Beginning the civil trial process in California
The first step is the opening statements from each side. The plaintiff’s lawyer goes first. Each side explains to the jury what the case is about, their position, and what they intend to prove. Then, each side is given the opportunity to present its case and evidence, cross-examine the other side’s witnesses, and complete its closing arguments.
Pretrial procedures
Pretrial procedures encompass general “housekeeping” matters that bring the case before the court, including filing the official complaint, serving it on the defendant, and submitting various motions to address a range of issues, such as case dismissal, evidence admissibility, and the need for further discovery.
Discovery phase
Both sides gather and exchange evidence (lawyers can get in a lot of trouble for failing to disclose certain pieces of evidence) and begin building their cases. Each lawyer has the opportunity to depose witnesses, which is a question-and-answer session administered under oath and recorded by a court reporter.
The plaintiff and defendant may each be required to complete interrogatories, sets of written questions that one party sends to the other party to gather information and evidence before trial. And, each lawyer may submit requests for certain documents from the other side. For example, in cases involving car accidents, each driver’s driving record may be requested.
The civil trial process
Your civil trial begins with jury selection. Each side gets a chance to interview a potential jury panel and reject or accept jurors. Because each side wants something quite different in an ideal juror, the final jury should be fairly impartial.
Then, each side makes its opening statements and an overview of its case.
The plaintiff’s attorney goes first in case presentation, too. They introduce specific documents and items into evidence, explaining how each piece of evidence relates to their claims. Witnesses and specialized experts are called on to testify, and after each one testifies, the opposing party has the opportunity to cross-examine the witness.
Once both sides present their cases and evidence, each side presents its closing arguments. The plaintiff’s lawyer goes first, followed by the defense. Then, the plaintiff is afforded a brief rebuttal argument, contesting any points made by the defense in their closing argument.
After closing arguments, the jury deliberates. A verdict only requires nine out of the twelve jurors to agree. Either party can appeal the jury’s verdict to a higher court, provided there are valid legal grounds. You can’t appeal if you lose, or if your damages are less than you asked for.
Understanding the California personal injury trial process
Going to trial can feel overwhelming, but with the right legal support, it doesn’t have to be. A personal injury trial gives you the opportunity to present your case in full, hold the at-fault party accountable, and pursue the compensation you need to recover. An experienced trial team will walk you through each phase and advocate for your interests every step of the way.
Have you been hurt due to someone else’s negligence and need help getting fair compensation? Our firm has a strong track record of courtroom victories and high-dollar jury awards in personal injury trials. Call Ernst Law Group today at (805) 541-0300 for a free consultation with an experienced personal injury lawyer.
