Suffering a serious injury caused by someone else’s negligence can turn your life upside down, and when companies refuse to take responsibility, taking your case to trial becomes critical in protecting your future.
When filing a personal injury lawsuit, it’s important to understand that the legal proceedings won’t be like what you’ve seen on TV. Most negotiations will occur outside of a courtroom, with very few cases actually going to trial. Even when a trial takes place, the jury’s verdict may not be the final conclusion due to the possibility of appeals.
While every case is different, familiarizing yourself with this complex process can help you know what to expect. Through settlement negotiations, filing your lawsuit, trial, and the possibility of appeals, working with an experienced trial lawyer can help you navigate your personal injury lawsuit and secure the maximum compensation.
Starting the Process: Settlement Negotiations
Your lawyer will reach out to the defendant’s legal team to declare your intent to file. This typically sets off settlement negotiations. While settling is often preferable because it allows for a quicker resolution and guarantees compensation, there are several reasons why a trial may become necessary, including:
- Denied liability: The defendant and their insurers may refuse to accept responsibility, hoping to avoid a large payout. In these cases, your lawyer must be prepared to take your case to trial.
- Multiple negligent parties: If more than one party can be found liable for your injury, the complexity of pursuing compensation may require a trial.
- Low settlement offers: The defendant’s legal team may attempt to undervalue your suffering.
When settlement negotiations do not result in fair compensation, and it becomes critical to bring your case before a judge and jury, the lawyer you choose matters. A skilled trial lawyer will be ready and able to argue your case all the way to the courtroom.
Preparing for Trial
In California, a personal injury lawsuit must be filed within the two-year statute of limitations. There are exceptions to this rule, including injuries that went undiscovered for some time, or claims against the government. Consult your trial lawyer to ensure you follow the correct filing requirements.
After filing, your legal team will begin to prepare your case for trial. A seasoned trial lawyer typically begins trial preparations early, building a trial-ready case regardless of how negotiations unfold. Preparing a case for trial can include:
- Conducting a thorough investigation
- Consulting expert witnesses
- Gathering medical records and documentation
- Compiling impact statements
Your trial lawyer will work closely with you to review the details of your accident and build a clear, compelling narrative that helps the jury understand what you’ve been through.
During Trial: Arguing Your Case
Your case will then be presented before a judge and jury. Your trial lawyer must prove that the defendant was negligent and that their negligence directly caused your injuries. Next, your lawyer will demonstrate how the injury has affected your daily life, long-term health, and financial stability, helping the jury determine the compensation you should receive.
The trial will conclude with the judge and jury delivering a verdict. However, the defendant is entitled to appeal the decision to a higher court. This makes it essential to work with an experienced trial team capable of advocating for you from the first negotiations to any necessary appeals, giving your family the best chance at full compensation.
Hiring the Right Personal Injury Trial Law Firm
If you think you have a personal injury case, the lawyer you choose can make or break your outcome. Our trial team at Rodriguez & Associates brings a philosophy of client advocacy to every case, understanding the immense support and guidance you need during this difficult time, and never backing down from powerful companies or parties that would deny responsibility.
In the pursuit of fair compensation, we offer the leverage you need to succeed in negotiations or in the courtroom. With a tenacious reputation among insurers, a strategy of thorough preparation, and a client-focused approach, Rodriguez & Associates has recovered over $1 billion for our clients and achieved numerous record-breaking settlements and verdicts. Choose California’s leading personal injury firm to protect your rights and secure the justice you deserve.
Contact Rodriguez & Associates today to schedule a consultation.