When negotiations fail to secure a fair settlement, a Massachusetts personal injury case may proceed to trial. This process can be complex and time-consuming, requiring careful preparation and a strong legal strategy. Understanding what to expect can help plaintiffs feel more prepared and confident as they navigate the courtroom.

Pre-Trial Proceedings

Before a trial begins, several legal steps must occur, including discovery, pre-trial motions, and jury selection. These stages set the groundwork for the case and influence how the trial unfolds.

Discovery Process

The discovery phase allows both sides to gather and exchange evidence. This may include:

• Depositions: Witnesses, experts, and the involved parties provide sworn testimony before trial.
• Interrogatories: Written questions requiring detailed responses from the opposing party.
• Requests for Production: Either side may request relevant documents, such as medical records, accident reports, or financial statements.
• Expert Testimony: Specialists in medical, accident reconstruction, or vocational fields may provide professional opinions.

This process ensures that neither side is taken by surprise and helps attorneys develop their trial strategies.

Pre-Trial Motions

Attorneys may file motions to shape the trial before it begins. These could include:

• Motions to dismiss (if the defense believes the claim lacks legal merit).
• Motions to exclude evidence (if one side believes certain testimony or documents should not be presented to the jury).
• Motions for summary judgment (if one party believes the case can be decided without a trial).

The judge will rule on these motions, determining what evidence and arguments can be used in court.

Jury Selection

Massachusetts personal injury trials are typically decided by a jury. The selection process, known as voir dire, involves questioning potential jurors to identify any biases. Attorneys for both sides have the right to dismiss certain jurors through peremptory challenges or for cause (e.g., if a juror has a conflict of interest).

Trial Proceedings

Once the jury is selected, the trial formally begins. A personal injury trial in Massachusetts typically follows this structure:

Opening Statements

Both attorneys present their opening arguments, outlining their positions and previewing the evidence they intend to introduce. The plaintiff’s attorney speaks first, as the burden of proof lies with the injured party. The defense then provides its perspective, often contesting liability, damages, or both.

Presentation of Evidence

Each side presents its case through witness testimony, documents, and expert opinions. This phase involves:

• Direct Examination: The attorney questions their own witnesses to provide factual evidence.
• Cross-Examination: The opposing attorney challenges testimony, aiming to uncover inconsistencies or weaken credibility.
• Expert Testimony: Medical professionals, economists, or accident reconstruction specialists explain complex matters in layman’s terms for the jury.

Evidence can include police reports, medical records, photos from the scene, surveillance footage, or employer records proving lost wages.

Defendant’s Case

Once the plaintiff’s side presents its argument, the defense can introduce its evidence. The defendant’s attorney may attempt to:

• Dispute liability, arguing the plaintiff was at fault or shared responsibility.
• Challenge the severity of the injuries by presenting alternative medical opinions.
• Argue against the requested damages, suggesting they are excessive or unsupported.

The defense may also call its own expert witnesses to contradict the plaintiff’s claims.

Closing Arguments

After both sides present their evidence, attorneys deliver closing arguments. These summarize key points and urge the jury to decide in their favor. The plaintiff’s attorney reinforces the burden of proof, while the defense attorney highlights weaknesses in the claim.

Jury Deliberation and Verdict

Once closing arguments conclude, the judge provides jury instructions, outlining the legal standards they must follow when deliberating. These may include:

• Preponderance of Evidence Standard: In personal injury cases, plaintiffs must prove their claim is more likely than not true.
• Comparative Negligence Rules: Under Massachusetts’ modified comparative negligence law, a plaintiff cannot recover damages if found more than 50% at fault.

Jury deliberation can take hours, days, or even weeks, depending on case complexity. Once a decision is reached, the jury presents its verdict, which may include:

• A ruling in favor of the plaintiff, awarding damages.
• A ruling in favor of the defense, denying compensation.
• A mixed verdict, where the jury assigns partial liability to both parties, reducing damages accordingly.

Post-Trial Actions

If the jury rules against the plaintiff, the case may not be over. The losing party can pursue post-trial motions or appeals, arguing legal errors occurred that affected the outcome. Common post-trial actions include:

• Motion for a New Trial: If significant errors occurred, the losing party may request a retrial.
• Motion for Judgment Notwithstanding the Verdict (JNOV): If the verdict lacks legal basis, a judge may overturn it.
• Appeal: If legal grounds exist, the losing party can escalate the case to an appellate court, though this process can take months or years.

How Long Does a Personal Injury Trial Take?

While some Massachusetts personal injury trials conclude in a few days, others last weeks or months, depending on factors such as:

• Case complexity: More evidence and expert testimony can prolong proceedings.
• Court backlog: Massachusetts courts handle numerous civil cases, which can delay scheduling.
• Settlement negotiations: Some cases settle mid-trial if both parties reach an agreement.

Potential Outcomes

A personal injury trial can result in various outcomes, including:

• Full compensation: If the plaintiff proves negligence and damages, they may recover full requested compensation.
• Reduced compensation: If the jury finds shared fault, damages may be reduced accordingly.
• No compensation: If the jury rules in favor of the defense, the plaintiff receives nothing.

Conclusion

Going to trial in a Massachusetts personal injury case requires careful preparation, as the process involves multiple stages, from discovery and jury selection to verdict and potential appeals. While a trial can be lengthy and unpredictable, it remains an option for plaintiffs seeking justice when settlements fall short. Understanding each step can help individuals navigate the legal system with confidence, ensuring they are prepared for the challenges ahead.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.