If you’ve filed a personal injury lawsuit in Pennsylvania, there’s a chance your case might go to trial. While many personal injury claims settle outside of court, some end up in the courtroom when both sides can’t agree on who was at fault or how much compensation is fair. For anyone unfamiliar with the legal process, the idea of a trial can feel overwhelming. But knowing what to expect can ease a lot of that stress.
Personal injury trials in Pennsylvania follow a fairly structured process, and understanding each step can help you feel more in control of your case. Whether you were injured in a car accident, slip and fall, or workplace incident, this article breaks down what happens before, during, and after a personal injury trial in Pennsylvania. We’ll also touch on how state-specific laws—like comparative negligence—can affect the outcome.
Pre-Trial Steps in Pennsylvania
Before a case reaches the courtroom, there are several important steps:
Filing the Complaint
The process begins when your attorney files a legal complaint with the court, outlining your claims and naming the defendant (the person or entity you're suing).
Discovery Phase
This is where both sides exchange information. Discovery can involve written questions (interrogatories), document requests, and depositions where witnesses and parties answer questions under oath. This phase helps both sides understand the strengths and weaknesses of the case.
Pre-Trial Motions and Conferences
Before trial, attorneys may file motions to resolve specific legal issues. For example, one side may try to exclude certain evidence. The court might also hold a pre-trial conference to see if the case can settle or if it’s ready for trial.
The Trial Process: Step-by-Step
Once your case reaches the courtroom, here’s what usually happens:
Jury Selection
Most personal injury trials in Pennsylvania are heard by a jury. The process begins with jury selection, also known as voir dire. Attorneys for both sides ask potential jurors questions to ensure a fair and impartial jury is chosen.
Opening Statements
Both sides start the trial by laying out their version of the case. The plaintiff’s attorney (your lawyer) speaks first, followed by the defense. These statements aren’t evidence but give the jury a roadmap of what’s to come.
Presentation of Evidence
This is the heart of the trial. Your attorney presents evidence to prove the defendant was at fault and that you suffered damages. This may include:
- Witness testimony
- Expert opinions
- Medical records
- Photos, videos, or diagrams
The defense then presents its case, often aiming to reduce or eliminate their client’s responsibility.
Cross-Examination
During cross-examination, each side gets to question the other side’s witnesses. This is a critical part of the trial and can significantly influence the jury’s perception of credibility.
Closing Arguments
Once all evidence has been presented, both sides summarize their case in closing arguments. Your attorney will tie together the facts and explain why you deserve compensation.
Jury Instructions and Deliberation
The judge gives the jury instructions on how to interpret the law and apply it to the facts. Then, the jury deliberates in private until they reach a verdict. This can take hours or even days, depending on the complexity of the case.
The Verdict
The jury delivers its decision on whether the defendant is liable and, if so, how much you should be awarded. Pennsylvania follows a "modified comparative negligence" rule—if you’re found more than 50% responsible for the accident, you won’t receive compensation. If you’re 50% or less at fault, your award will be reduced based on your percentage of fault.
After the Trial
If you win your case, the court will enter a judgment in your favor. However, the process might not end there. The other party may appeal, or you may need to take steps to collect the compensation awarded.
In some cases, the judge may also award interest on the judgment amount or make additional rulings based on post-trial motions. If you don’t win, you and your attorney can decide whether to appeal based on the circumstances.
Call Brandon J. Broderick For Legal Help
Going through a personal injury trial can feel intimidating, but that doesn’t mean you are alone to deal with it. Having a knowledgeable legal team on your side makes all the difference. At Brandon J. Broderick, Attorney at Law, we know how Pennsylvania courts operate, and we’ll stand by you every step of the way—from filing to verdict.
If you’re facing a personal injury trial in Pennsylvania, reach out to us today. Let’s talk through your case, answer your questions, and help you prepare for what’s ahead.