If you’ve suffered a personal injury due to someone else’s negligence, you may need to file a lawsuit to get justice and compensation. But, the mere idea of a trial can be daunting.
This article will walk you through what to expect during an Arizona personal injury trial so that you feel prepared and informed.
Table of Contents
PRE-TRIAL PHASE
The pre-trial phase begins when you file your personal injury lawsuit and ends up until the actual trial begins. Things to expect in this phase are:
Discovery
Discovery allows both parties to gain information from each other regarding the lawsuit. This includes interrogatories, requests for documents, admissions, and depositions.
Settlement negotiations
Once discovery is over, both parties hold settlement negotiations. This is the time to see if the defendant will offer a settlement that is acceptable.
JURY SELECTION
If both parties fail to reach a settlement, the case moves to trial. Typically, personal injury cases in Arizona are tried before a judge and jury. The parties will select the jury.
Lawyers for both parties are allowed to question potential jurors to ensure they are impartial and unbiased.
OPENING STATEMENTS
After a jury is selected, the trial begins with opening statements. The plaintiff presents the first opening statement, followed by the defendant. This is where each side tells their story and the main argument of the case.
PRESENTATION OF EVIDENCE
The plaintiff’s attorney presents evidence first. This includes documents, photographs, videos, physical objects as well as personal testimony from witnesses. The defendant has the opportunity to cross-examine each witness.
The defendant’s attorney presents their evidence next, followed by the plaintiff’s cross-examination.
After the presentation of evidence, each side can call rebuttal witnesses to refute the other side’s arguments.
CLOSING ARGUMENTS
After the presentation of evidence, both parties will give their closing arguments. This is where the lawyers summarize their cases and argue why their client should be the prevailing party.
JURY DELIBERATION AND VERDICT
Following the closing arguments, the jury will gather to deliberate and come to a verdict. Once the verdict is reached, the jury will return to the courtroom and announce their decision.
POST-TRIAL PHASE
After a verdict is reached, there are several steps that can take place:
Appeals
Either party can appeal the verdict if they feel there were errors made in the trial process.
Enforcement of judgment
If the defendant loses, they are ordered to pay compensation to the plaintiff. If they refuse, the plaintiff can file a motion to enforce the judgment.
CONCLUSION
Knowing what to expect during an Arizona personal injury trial can help alleviate some of the stress that comes with filing a lawsuit. It is always advisable to discuss your case with an experienced personal injury attorney to guide you through the process and ensure the best possible outcome.