The bailiff shouts: “All Rise! Court is now in session.”
Then the clerk court asks: “Are the parties ready for trial?”
Your lawyer stands up and says: “Ready, Your Honor.”
Your jury trial is ready to begin.
What happens next in the courtroom?
This article explains the critical steps in a trial so you understand the process that leads to a jury verdict.
The right to a trial by jury comes from the English common law. You receive this protection from the United States and Virginia constitutions. This right of trial by jury extends to civil litigation, including personal injury lawsuits. It is the primary method to resolve legal disputes that the parties cannot settle through direct negotiation or mediation.
Continue reading to learn more about trial procedures.
If you want to speak with an experienced personal injury lawyer who handles car accidents, truck crashes, and traumatic brain injury cases, complete this form or call (804) 251-1620 or (757) 810-5614. See what we can do for you.
Yes, a jury will decide the disputed facts of your personal injury lawsuit. But only if you or your opponent ask for a trial by jury. Otherwise, you waive the right.
A party typically puts the request in their first pleading (your complaint or the defendant’s answer).
In addition, a court may order a jury trial sua sponte, which means “of its own accord.”
If your personal injury lawsuit goes to trial, it can be lengthy, sometimes taking several weeks or months.
According to the United States District Court for the Eastern District of Virginia, the average jury trial lasts one to three days. This range applies to the criminal and civil trials that the court hears.
In our experience, your personal injury trial will likely last one to two weeks if you suffered catastrophic injuries requiring expert witness testimony on causation and the extent of damages.
Now, let’s look at how your trial will work, step by step.
While the possibilities of what may happen are endless, the following sections give you an overview of the primary phases of a personal injury trial, which are:
As you will see, the trial involves arguments from both sides (through motions, opening argument, and closing argument), the presentation of evidence (witness testimony, documents, photos, and video), jury instructions, and jury deliberation.
Before starting the jury selection process, the trial judge will hear motions on evidentiary issues (motions in limine) or requests to change the order of proof due to witness availability.
You may have a general idea of this trial step if you have had jury duty before.
The typical civil jury in Virginia has seven members (called jurors). Your state may have different rules.
These jurors come from a jury panel, the term for the eligible community members who showed up for jury duty in that court on the day of your trial.
Voir dire (“to speak the truth”) is the procedure for choosing jurors from the panel. During voir dire, the attorneys and the judge ask questions and exercise challenges to remove jurors who may not be fair and impartial.
Once the parties have chosen enough jurors, the court issues an oath to this impaneled jury and releases the unselected jurors.
The trial begins with opening statements from the parties’ attorneys.
Although the law does not consider opening statements as evidence, these speeches allow your attorney to introduce your case and give a roadmap of what the jury can expect during the trial. An engaging story that uses facts that show why you should win is an effective opening statement.
An opening statement should last at most fifteen to twenty-five minutes, with rare exceptions. Using more time increases the risk of losing the jurors’ attention or complicating the issues. A simple statement explaining why you should win is better.
Further, your attorney must avoid making promises in the opening statement they cannot keep. For example, if you tell the jury that you will have a witness who says the defendant driver ran a red light, then you do not produce that witness, you better believe the jury will remember and hold that against you. Credibility is key.
As the plaintiff with the burden of proof, your attorney will speak first. The defendant goes next.
In a civil jury trial, the plaintiff presents their case in chief first. This is always the order unless the defendant admits the claim and relies on an affirmative defense for which it has the burden of proof.
During your case in chief, you must provide proof of each element of the causes of action brought.
Types of proof include:
A party may object to specific testimony or documents coming into the record for the jury to rely on. Indeed, a party must object when their opponent offers the evidence, or else the court considers the objection waived.
When timely made, the judge will sustain (grant) or overrule (deny) the objection.
You rest your case when you have presented your evidence.
Though granted rarely, defendants will often move to strike the evidence or for a directed verdict when the plaintiff rests at trial. If the court grants the defendant’s motion, you lose, and the trial ends.
This motion and related argument from counsel will occur outside the jury’s presence.
The trial continues if the court denies the defendant’s motion to strike.
Next, the defendant presents evidence to refute your proof or to prove any affirmative defenses or counterclaims raised.
You can cross-examine any defense witnesses and object to testimony or exhibits as the defendant proffers them.
The defense rests when it has presented its evidence.
You may present evidence to rebut the defendant’s evidence.
When all the evidence is presented, both parties may move for a directed verdict. For example, defendants often renew their motions to strike at this stage.
Trials are won and lost based on the jury instructions. Further, improper instruction can serve as grounds for a successful appeal if you lose at trial.
During this conference, outside the jury’s presence, your attorney will argue for instructions most favorable to your case.
Ultimately, the judge decides which instructions the jury hears.
Your attorney and your opponent’s lawyer now give closing arguments.
If you watch television shows or movies depicting courtroom drama (or humor), you have probably seen Hollywood’s version of a closing argument. In real life, attorneys must stick to the evidence and limit their embellishment of facts. Stirring emotion is good – to a point. If you are too loose with the rules, you risk the defendant successfully appealing based on a closing argument that inflamed the jurors’ passions.
Closing argument is your attorney’s last chance to persuade the jury that you should win and the damages amount to award.
Generally, closing arguments take longer than opening statements. However, we recommend limiting your closing argument to 45 minutes or less.
When closing arguments conclude, the judge will instruct the jury on the law applicable to your case and provide multiple verdict forms. This procedure is known as “charging the jury.” It can take 30 minutes in complex cases, such as construction accident lawsuits with multiple parties.
Jury instructions explain what you must prove to win and what the jury should consider when finding facts and deciding the lawsuit.
Now that the judge has instructed them, the jury goes to a private room (the well-named “jury room”) to deliberate.
What happens in the jury room is private. However, the jury may send written questions to the judge, which attorneys try to decipher to predict the verdict. The judge will discuss the questions in open court and decide if or how to answer the jury’s question.
The jury notifies the judge after it reaches a decision (called a “verdict”). This step is known as “returning a verdict.”
The judge calls the parties and their lawyers to the courtroom (if they have left) and reads the verdict. In a personal injury trial, the verdict includes the jury’s decision on whether the defendant is liable (responsible) for the harm caused and the money to award you.
Next, the judge asks the parties if they want to poll (question) each juror to confirm their decision.
Afterward, the judge releases the jurors to return home.
In Virginia, either party may move to change or overturn the jury’s verdict.
The losing party may appeal to a higher court if these motions fail.
The personal injury lawsuit process can be intricate and overwhelming, and securing fair compensation for medical expenses, lost income, and other losses through the trial process can be daunting. Thus, it is advisable to engage a personal injury lawyer at the start before negotiating a settlement with the at-fault party’s insurance provider.
A skilled personal injury attorney can navigate the process efficiently, ensure timely compliance with court deadlines, and present a compelling case to the jury to boost your chances of receiving fair compensation for your damages at trial.
If you have questions after reading this article, call us for a free consultation: (804) 251-1620 or (757) 810-5614. We hope to demonstrate why fellow attorneys and past clients have voted us one of Virginia’s top personal injury lawyers. We will help you get every penny owed from an accident through a personal injury settlement or a trial by jury.