A personal injury trial can be an intimidating experience, especially if you are unfamiliar with the legal process. If you have been injured in an accident and your case proceeds to trial, understanding what to expect can help ease concerns and prepare you for the road ahead.

While many personal injury cases in New York settle before reaching the courtroom, some go to trial when settlement negotiations fail or when disputes over liability and damages exist. A trial provides an opportunity for both sides to present their evidence before a judge or jury, who will ultimately decide the outcome of the case.

This article will walk you through the stages of a New York personal injury trial, from jury selection to the final verdict, and explain what laws and procedures apply in these cases.

If you were injured and need legal help, we suggest you consult with our NY personal injury attorneys. Brandon J. Broderick, Attorney at Law can represent you through the process, and go to trial if there are disputes.

Pre-Trial Preparations and Jury Selection

The Role of Pre-Trial Motions

Before a trial begins, both parties engage in pre-trial motions, which can shape the course of the case. These motions may request the inclusion or exclusion of evidence, dismiss certain claims, or determine procedural matters. The judge's rulings on these motions can significantly impact how the case unfolds.

Jury Selection (Voir Dire)

If your case is being heard by a jury, the trial will begin with jury selection, also known as voir dire. During this process:

  • Attorneys for both sides will question potential jurors to determine if they have any biases.
  • Each side can dismiss certain jurors through peremptory challenges or for cause.
  • A final jury panel is selected to hear the case.

The goal is to assemble a fair and impartial jury that will evaluate the evidence and reach a just verdict.

Opening Statements and Presentation of Evidence

Opening Statements

Once the trial officially begins, both parties present their opening statements. This is an opportunity for each side to outline their arguments, explain what the evidence will show, and set the stage for the case. The plaintiff's attorney (representing the injured party) typically goes first, followed by the defense attorney.

Plaintiff’s Case

Since the burden of proof in a personal injury trial rests on the plaintiff, their attorney will present evidence to support their claim. This phase may include:

  • Witness Testimony – The plaintiff, medical professionals, accident reconstruction experts, or eyewitnesses may testify about the incident and injuries.
  • Medical Records and Bills – These documents establish the extent of injuries and treatment costs.
  • Expert Testimony – Economic or vocational experts may testify about lost wages and diminished earning capacity.
  • Photos and Videos – Surveillance footage, accident scene photos, or diagrams may be introduced as evidence.

The defense will have the opportunity to cross-examine all witnesses presented by the plaintiff’s side.

Defense’s Case

After the plaintiff’s case, the defense presents their arguments. The defense may:

The plaintiff’s attorney will also have the chance to cross-examine the defense witnesses.

Closing Arguments and Jury Deliberations

Closing Arguments

After both sides have presented their evidence, they will deliver closing arguments. This is the final opportunity for each attorney to summarize their case and persuade the jury. The plaintiff’s attorney will emphasize why their client deserves compensation, while the defense will argue why liability should be reduced or denied.

Jury Instructions and Deliberation

Once closing arguments conclude, the judge provides jury instructions—guidelines on how the jury should evaluate the evidence and apply New York law to the case.

The jury then deliberates in private, discussing the case and reaching a verdict based on the evidence presented. Deliberations can take anywhere from a few hours to several days, depending on the complexity of the case.

The Verdict and Potential Appeals

Reaching a Verdict

The jury's decision will determine whether the defendant is liable and, if so, how much compensation the plaintiff is entitled to receive.

  • If the jury rules in favor of the plaintiff, they will award damages, which may include compensation for medical expenses, lost wages, pain and suffering, and other losses.
  • If the jury finds in favor of the defense, the plaintiff will not receive compensation.

Post-Trial Motions and Appeals

After the verdict, either party may file post-trial motions, requesting a new trial or adjustments to the judgment. Additionally, if either party believes legal errors affected the outcome, they may file an appeal with a higher court. Appeals can extend the legal process for months or even years.

New York Laws That Impact Personal Injury Trials

Comparative Negligence Rule

New York follows a pure comparative negligence system under CPLR § 1411. This means that even if the plaintiff is partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault.

Statute of Limitations

Under New York Civil Practice Law & Rules § 214, plaintiffs generally have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can result in the case being dismissed.

Damage Caps

Unlike some states, New York does not impose caps on damages in personal injury cases. This means there is no legal limit on how much a plaintiff can receive for pain and suffering, medical expenses, or lost wages if awarded by a jury.

Call Brandon J. Broderick For Legal Help

Navigating New York personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.

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