What Happens If My Personal Injury Case Goes to Trial?
Most personal injury cases in Georgia settle before court. However, some require a trial if the parties cannot agree on fault or fair compensation.
If your personal injury case goes to trial, a judge or jury will hear evidence and decide whether the defendant is responsible for your injuries. This process applies to many types of injury claims, including car accidents, slip and falls, and medical malpractice trials.
At Graham Scofield Injury Lawyers, we understand how stressful the legal process feels after a serious injury. Below, we’ll walk through what happens during a personal injury trial in Georgia, why some cases go to court, and what to expect at each stage.
How Often Do Personal Injury Cases Go to Trial?
Most personal injury cases settle before reaching trial. Both sides often prefer a settlement because it saves time, reduces legal expenses, and avoids the uncertainty of a jury verdict.
Some personal injury cases proceed to trial because:
- The insurance company disputes who caused the accident.
- The defendant refuses to accept responsibility.
- The insurer offers less than the injured person needs to cover their losses.
- Medical experts disagree about what caused the injury.
Georgia also follows an at-fault system, meaning the party responsible for an injury generally bears financial responsibility for the resulting damages.
What Happens During a Personal Injury Trial in Georgia?
Every personal injury trial is different, but most follow a similar process. Whether your case involves a car accident, medical malpractice, or premises liability, your attorney will guide you through each stage.
Jury Selection (Voir Dire)
The trial begins with jury selection, also called voir dire. Attorneys from both sides question potential jurors to identify possible biases and select a fair jury.
During a medical malpractice trial, attorneys may ask about jurors’ experiences with healthcare providers, medical injuries, or lawsuits. The goal is to select jurors who will evaluate the evidence fairly.
Opening Statements
Once the jury is selected, each side presents an opening statement. The plaintiff’s attorney typically speaks first and explains what the evidence will show.
In a medical malpractice trial, your attorney will explain how the healthcare provider failed to meet the accepted standard of care and caused you harm.
Presentation of Evidence and Witness Testimony
Both sides present evidence, question witnesses, and challenge the opposing side’s arguments. Evidence in a personal injury trial often includes medical records, accident reports, photographs, and witness testimony.
Your attorney may also consult any physicians who treated you after the accident to explain your injuries and treatment.
Closing Arguments and Jury Deliberation
After both sides present their evidence, the attorneys deliver closing arguments. They summarize the testimony and explain why the evidence supports their position.
The judge then explains the laws the jury must follow when deciding the case. Jurors review the evidence privately and work toward a verdict based on the facts presented during the trial.
The Verdict and What Comes Next
After deliberation, the jury announces its verdict. If the jury finds the defendant responsible, it determines the compensation awarded to the injured person.
Depending on the case, compensation may cover medical bills, lost wages, future medical expenses, and pain and suffering.
Either side may challenge the outcome through available legal procedures, including an appeal when valid legal grounds exist. However, an appeal does not automatically result in a new trial.
What Makes a Medical Malpractice Trial Different from Other Personal Injury Trials?
Medical malpractice trials are often more complex than other personal injury cases. Unlike a typical car accident claim, they require detailed medical evidence to prove that a provider failed to meet the accepted standard of care.
Several factors make a medical malpractice trial different:
- Standard of care: Your attorney must establish the level of care a reasonably skilled healthcare provider would provide under similar circumstances. The case must show how the defendant failed to meet that standard and how the failure caused your injury.
- Expert witnesses: Medical malpractice cases generally require qualified medical experts to explain complex medical issues. These experts review records, evaluate treatment decisions, and testify about whether the provider acted appropriately.
- Expert affidavit requirements: Georgia generally requires plaintiffs to submit an expert affidavit when filing a medical malpractice lawsuit. The affidavit identifies at least one alleged negligent act or omission and provides a factual basis for the claim, subject to applicable exceptions. Georgia ante litem notices may also apply.
- Defense resources: Hospitals, physicians, and their insurance companies often work with experienced defense attorneys. A Georgia medical malpractice attorney understands how to prepare evidence and challenge opposing expert testimony.
- Longer preparation: Medical malpractice cases often involve extensive medical records, expert evaluations, and witness interviews. These steps may extend the time needed to prepare for trial.
Should You Settle or Go to Trial?
Deciding whether to settle your personal injury case or proceed to trial is an important decision. Both options have advantages, and the right choice depends on your injuries, the available evidence, and the compensation offered.
Reasons to Consider Settling
- More certainty: A finalized settlement provides an agreed-upon compensation without the uncertainty of a jury verdict.
- Faster resolution: Settlements often resolve claims sooner than trials, allowing injured people to move forward without lengthy court proceedings.
- Lower legal costs: Trials require extensive preparation, expert testimony, and other expenses. These costs may reduce your final recovery under your fee agreement.
- Greater privacy: Court proceedings generally become part of the public record, while settlement agreements sometimes include confidentiality provisions.
Reasons to Consider Going to Trial
- Low settlement offer: If the insurance company refuses to offer enough compensation for your medical bills, lost income, and future needs, a trial may be necessary.
- Disputed liability: If the defendant denies responsibility, presenting evidence to a jury helps establish fault.
- Potential punitive damages: In certain cases with serious misconduct, Georgia law permits punitive damages, subject to legal requirements and limitations.
- Unfair insurance practices: If you suspect an insurance company acting in bad faith, an attorney will evaluate the insurer’s conduct and determine what legal options apply.
Speak With a Georgia Personal Injury Trial Attorney
If your personal injury case may be heading to trial, you deserve an attorney who understands Georgia law and will fight for your best interests.
At Graham Scofield Injury Lawyers, we take a personalized approach to every case. With more than 15 years of legal experience, Attorney Graham Scofield works directly with clients to pursue the compensation they deserve. Our personal injury trial lawyers have recovered millions of dollars for injured victims and their families.
We also work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. To schedule a free consultation, call us at (404) 939-9470. Also, you may fill-out our online form to schedule a free case review.
FAQs — Personal Injury and Medical Malpractice Trials in Georgia
How long does a personal injury trial take in Georgia?
A personal injury trial in Georgia may last several days to a few weeks, depending on the complexity of the case. A medical malpractice trial may take longer because it involves expert witnesses and detailed medical evidence. Court scheduling and the number of witnesses also affect the timeline.
What percentage of medical malpractice cases go to trial?
Most medical malpractice cases settle or resolve before trial. The exact percentage varies by jurisdiction, case type, and reporting period.
Do I have to testify at my own personal injury trial?
Many personal injury plaintiffs testify about their injuries, medical treatment, and how the accident affected their lives. Your attorney will prepare you for questioning and explain what to expect. Whether you need to testify depends on your case.
What happens if I lose my personal injury trial in Georgia?
If the jury rules in favor of the defendant, you generally will not receive compensation through that verdict. Your attorney may review the outcome to determine whether you have grounds to appeal or pursue other legal action. Losing at trial doesn’t automatically mean you have grounds to appeal.
Can a personal injury case settle after trial has started?
Yes. A personal injury case may settle even after jury selection or witness testimony begins. Both sides must agree to the settlement terms, and your attorney will explain whether accepting an offer is in your best interest.