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What happens in a Personal Injury Trial?

In a personal injury trial, the evidence is examined by a judge or jury to decide whether the defendant should be held legally responsible for the plaintiff’s allegations of injuries and harm. The plaintiff gets the opportunity to argue their case in a trial with the hope that a judgment against the defendant will be obtained. The defendant also gets a chance to refute the plaintiff’s case in a trial and to offer their own evidence pertaining to the dispute. After both sides have presented their arguments, the judge or jury considers whether the defendant is liable for the injuries that the plaintiff allegedly suffered, and if so, to what extent, i.e. the amount of money damages a defendant is required to pay. There are typically six main phases in a complete personal injury trial:

Jury Selection

One of the first steps in any personal injury trial is jury selection. This is only in cases that are not tried before a judge. During jury selection, a pool of potential jurors are questioned generally and as to matters related to the particular case by the judge, and usually the plaintiff and defendant through their lawyers. Based on their responses to questioning, the judge can excuse potential jurors at this stage. At this stage, a certain number of jurors may also be excluded by both the defendant and the plaintiff through use of challenges “for cause” and “peremptory challenges”.

Opening Statements

Once jury selected is completed, two opening statements from the first “dialogue” in a personal injury trial – one of the plaintiff’s attorney, and the other from the defendant’s. At this stage, no witnesses are called to testify and, ordinarily, no physical evidence is used. Because the defendant’s legal liability for the plaintiff’s injuries must be demonstrated, the first opening statement is usually the plaintiff’s, and it is often more detailed than the defendant’s.

Witness Testimony and Cross-Examination

At the center of any personal injury trial is the stage at which key evidence and arguments are presented by each side to the jury, often known as the “case-in-chief”. In its case-in-chief, evidence is methodically presented to convince the jury that the defendant is legally responsible for the plaintiff’s injuries and damages. At this point, the plaintiff may call experts and witnesses to testify to strengthen their case. Physical evidence, such as documents, photographs, and medical reports may also be introduced. The way a plaintiff utilizes expert testimony and documentary evidence will play an important role in proving that the defendant is legally responsible for the plaintiff’s damages, especially in medical malpractice and defective product claims i.e. personal injury lawsuits that are more complicated.

Closing Arguments

Like the opening statement, the closing argument offers both sides in a personal injury lawsuit a chance to “sum up” the case. They recap the evidence in a way that is favorable to their respective positions. This is their final chance to address the jury prior to deliberations. Thus, in closing arguments, the plaintiff seeks to show that there is enough evidence for the jury to find the defendant legally responsible for their injuries. In turn, the defendant tries to show that the plaintiff does not have enough evidence or testimony to establish the defendant’s liability for any civil judgment in favor of the plaintiff.

Jury Instruction

After both sides of the case have presented their evidence and made their closing arguments, jury instruction is the next step toward a verdict. This is a process in which the jury is given the set of legal standards, it will require to make a decision on whether the defendant should be held liable for the plaintiff’s alleged harm.

Jury Deliberation and Verdict

After they have received instruction from the judge, the jurors consider the case through a process called “deliberation”, as a group. They attempt to come to an agreement on whether the defendant is liable for the plaintiff’s claimed injuries. If they find the defendant liable, they try to agree on the appropriate compensation for those injuries. Deliberation is the jury’s first opportunity to discuss the case. This methodical process can last from a few hours to several weeks. Once a decision is reached, the jury foreperson informs the judge who in turn announces the verdict in open court. If you or a loved one has been harmed or injured due to the negligent actions of another person, you should consult a skilled and tremendous personal injury lawyer in New York at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. The first meeting is on us! We only take a percentage of the final verdict or settlement amount. We are only paid when you are paid.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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