After a car accident, dealing with medical bills and insurance negotiations can be stressful. If a fair settlement doesn’t come through, your case may head to trial, which is something most people never expect or want when filing a claim.
If you’re worried about what a trial might involve or whether you’ll have to testify, your attorney can walk you through what to expect and how to prepare.
Read on to learn how the trial process works and how a skilled Miami car accident lawyer can help you move forward with reassurance and support.
Do All Car Accident Cases Go to Trial?
Studies show that only about 3% of tort cases go to court, but 35% are motor vehicle collisions. Most settle beforehand because trials take time, cost money, and have uncertain outcomes, so even insurance companies prefer not to go to court whenever possible. In many cases, the threat of trial alone is enough to push them toward a fair offer.
Settlements can happen at any stage, including during the trial itself. Your attorney can work toward an agreement as long as it’s before the final jury verdict has been delivered.
What Happens if Your Claim Goes to Court?
Understanding the process can help you feel more at ease if your case goes to trial. Here’s an overview of how civil court works for personal injury cases and your role in the process:
| Trial Step | What Happens | Your Role |
| Jury Selection (Voir Dire) | Attorneys from both sides question potential jurors to ensure a fair trial. | You won’t be involved in selecting the jury, but your lawyer may discuss the process with you. |
| Opening Statements | Each attorney presents an overview of their case to the jury. | Your attorney will present your case, and you’ll need to be present and attentive in the courtroom. |
| Presentation of Evidence and Witness Testimony | Both sides introduce evidence, including accident reports, medical records, and expert testimony. Witnesses may also testify. | You may need to take the stand to answer questions about your injuries and how they have affected your life. |
| Cross-Examination | The opposing attorney questions witnesses to challenge their credibility or statements. | If you testify, the defense may question you. Your attorney can prepare you in advance on how to respond calmly and truthfully. |
| Closing Arguments | Both attorneys summarize their cases, emphasizing key points. | You won’t need to speak, but your presence and attentiveness remain important. |
| Jury Deliberation and Verdict | The jury reviews the evidence and decides on liability and damages. | You’ll wait for the jury’s decision. If you win, the verdict will determine compensation. If not, your lawyer may discuss appeal options. |
If you’re unsure about attending hearings or testifying, your attorney can help you prepare, making the process more manageable and giving you the confidence to handle your role.
How Your Attorney Can Help You Prepare
Going to trial can feel overwhelming, but your attorney can help you prepare so you feel self-assured in the courtroom. Our skilled legal team at Aigen Injury Law can help you get ready by doing the following:
- Explaining the Trial Process: Breaking down each stage so you know what to expect from start to finish.
- Gathering and Organizing Evidence: Securing key documents like medical records, accident reports, and witness statements to build a strong case.
- Preparing You for Testimony: Coaching you on answering questions truthfully and without hesitation.
- Anticipating Cross-Examination: Practicing potential challenges from the defense so you stay composed under pressure.
- Providing Courtroom Guidance: Advising on everything from how to dress to how to conduct yourself in front of the judge and jury.
- Negotiating Throughout the Process: Continuing settlement discussions to secure the best possible outcome, even during trial.
An experienced trial attorney can help you feel more at ease during the litigation process and present a stronger case for maximum damages.
Work With an Experienced Trial Attorney at Aigen Injury Law
Going to trial for a car accident claim may seem daunting, but remember, you are not alone. Our qualified Miami car accident lawyers at Aigen Injury Law can guide you through the process, fight for your rights, and pursue the compensation you deserve.
Whether through a favorable settlement or a successful trial verdict, your Aigen Injury Law legal team will be with you from consultation to resolution.
If you’re preparing for trial and don’t have a lawyer or have concerns about your car accident claim, contact Aigen Law today for a free consultation. Let us use our experience to help you.