What Is a Trial?
A trial is a formal legal process where both sides present evidence and arguments to a judge or jury, who then decide the outcome. In personal injury cases, the main question is whether the defendant is legally responsible for your injuries and, if so, how much they should pay in damages.
Trials are public proceedings, often held in county or circuit courts in Mississippi. Your attorney, the opposing counsel, witnesses, and sometimes expert consultants will participate. A judge presides over the case, but in many personal injury trials, a jury makes the final decision.
Unlike settlement negotiations, a trial follows strict procedures and courtroom rules. Each side gets the chance to present evidence, question witnesses, and make legal arguments.
It’s important to understand that just because a lawsuit is filed doesn’t mean a trial will happen. Most cases still resolve through settlement. However, if negotiations break down or liability is disputed, a trial may be the next step.
Why Some Personal Injury Cases Go to Trial
Not all injury cases are straightforward. Some go to trial because:
- The insurance company denies fault or claims your injuries aren’t serious.
- The defendant refuses to offer fair compensation.
- There are conflicting accounts of how the accident happened.
- Medical records or other evidence are being interpreted in vastly different ways.
- You and your attorney believe a jury would likely award more than what’s being offered.
Trials are sometimes necessary when one side simply won’t budge. It’s not always about being difficult—it may come down to a disagreement about liability or damages that can’t be resolved in negotiation.
Should I Accept My Settlement Offer or Go to Trial?
This is one of the hardest decisions a personal injury plaintiff can face. Settlements offer certainty and speed. Trials offer the chance for more compensation, but they also carry more risk.
A good settlement offer should account for your medical bills, lost wages, pain and suffering, and any future care you may need. But if the offer doesn’t reflect your true losses, we’ll help you weigh whether it’s worth taking the next step.
We’ll talk through:
- How strong the evidence is
- The reputation of the judge or jury pool
- How much is at stake financially
- How long you’re willing to wait for a resolution
Ultimately, the decision is yours. Our job is to give you the facts, offer strategic guidance, and support whichever direction you choose.
Risks of Going to Trial
Trials can deliver justice, but they aren’t without risks. Some of the most common include:
- You could lose. Juries are unpredictable, and even strong cases sometimes end in defense verdicts.
- You could win less than your settlement offer. If the jury awards less than what the insurer was offering, you’ll have to accept the lower amount.
- Trials take time. It may take months or years to get a court date, especially if there are delays or appeals.
- Trials can be emotionally draining. Reliving your injury or hearing the defense challenge your credibility isn’t easy.
We’ll never push you to trial just for the sake of it. But if we believe the potential reward outweighs the risk, we’ll prepare a strategy that puts your case in the strongest position.
Pros of Going to Trial
- The opportunity to tell your story publicly
- A chance at a higher award than what was offered in settlement
- Holding the responsible party fully accountable
- Closure through a jury’s acknowledgment of wrongdoing
Cons of Going to Trial
- Unpredictable results
- Longer timelines
- Higher costs due to preparation and expert witness fees
- Emotional toll from testimony and scrutiny
What to Expect During the Personal Injury Trial
Here’s a look at what usually happens once the trial starts:
You Will Probably Testify
Your story matters. You may be asked to describe how the accident happened, what your injuries were like, and how your life has changed. We’ll help you prepare so you feel confident and ready.
A Jury Will Decide Liability
In most North Mississippi personal injury trials, a jury, not the judge, will decide if the defendant is at fault and how much compensation you should receive.
Your Case Can Still Settle
Even during a trial, both sides can continue negotiating. Sometimes, cases settle after the first day of trial or even right before closing arguments.
Cases Might End Up on Appeal
If one side believes legal errors occurred during the trial, they can appeal. That could extend the timeline, but it also opens the door to review.
Pre-Trial Process: What Happens Before the Courtroom
The trial is just one part of a longer process. Here’s what happens first:
Filing the Complaint
This is the official document that starts the lawsuit. It outlines what happened, who’s responsible, and what compensation you’re seeking.
Discovery Phase
Both sides exchange information. This includes documents, medical records, and depositions (recorded testimony taken outside of court). Discovery helps each side understand the strengths and weaknesses of the case.
Pre-Trial Motions and Hearings
Attorneys may ask the judge to rule on key issues, like whether certain evidence can be admitted. These motions help shape what will be presented at trial.
Settlement Negotiations and Mediation
Most cases reach a resolution at this stage, often avoiding the need for a full trial. Mediation is a more informal process where a neutral third party helps both sides communicate to try to find common ground and reach a settlement that both parties can live with. While mediation doesn’t always result in an agreement, it often narrows the issues and clarifies each side’s position. If mediation doesn’t lead to a settlement, the trial date stays on the calendar.
The Trial Process
Once your trial begins, here’s what happens:
Jury Selection (Voir Dire)
Lawyers for both sides question potential jurors to ensure they’re fair and impartial. Once a jury is selected, the trial begins. During voir dire, attorneys may ask about jurors’ backgrounds, experiences, and opinions to identify any potential biases. Jurors who cannot remain neutral may be dismissed for cause or through a limited number of peremptory challenges.
Opening Statements
Each side outlines what they believe the evidence will show. This gives the jury a preview of the case. Opening statements are not arguments—they’re meant to set the stage and help the jury understand the facts and issues they’ll hear about during the trial. It’s your attorney’s opportunity to frame your story in a clear, compelling way.
Presentation of Evidence
Your attorney will present documents, photos, medical records, and witness testimony. The defense will do the same for their side. This phase includes both direct and cross-examinations, and it’s when your legal team will work to connect the evidence to the injuries and losses you’ve suffered. Demonstrative aids and expert testimony may also be introduced to support your claims.
Cross-Examination
Both sides can question witnesses. This is where credibility and consistency are tested. The goal is to clarify statements, point out contradictions, or challenge the reliability of testimony. Cross-examination can be intense, but your attorney will prepare you and any witnesses thoroughly for this part of the process.
Closing Arguments
Each side summarizes its case and asks the jury to decide in its favor. This is the final chance for your attorney to pull together all the evidence and highlight the strength of your position. Unlike opening statements, closing arguments allow for persuasive reasoning and direct appeals to the jury’s sense of justice.
Jury Deliberation and Verdict
The jury leaves the courtroom to discuss and reach a verdict. This could take hours or several days. Jurors must weigh all the evidence, consider the legal instructions given by the judge, and come to a unanimous decision in most cases. Once the jury reaches a verdict, it is read aloud in court and becomes part of the official record.
Possible Outcomes of a Personal Injury Trial
Every personal injury trial ends with a verdict, but the outcome isn’t always predictable.
Favorable Verdict
If the jury decides in your favor, they’ll award compensation. This can include:
- Medical expenses
- Lost income
- Pain and suffering
- Future care needs
The amount depends on the evidence presented and how your injuries have impacted your life.
Unfavorable Verdict
If the jury finds in favor of the defendant, you won’t receive compensation. While disappointing, it’s still possible to appeal the decision in some situations.
After the Trial
Winning your trial doesn’t always mean the case is over. The other side might appeal, or you may need to enforce the judgment if payment isn’t made. If the verdict goes against you, we’ll discuss whether an appeal makes sense and what your options are moving forward.
Appeal Process
Appeals focus on legal errors, not just whether the jury got it “wrong.” The appeals court can uphold the verdict, overturn it, or send the case back for a new trial. The process involves written briefs and, in some cases, oral arguments before a panel of judges. It can take several months or longer, and it does not involve presenting new evidence or retrying the facts. If an appeal is filed, we’ll explain the options and timelines so you know exactly what to expect.
How Long Does a Personal Injury Trial Take?
Trials don’t happen overnight. From the moment a complaint is filed to the day a verdict is reached, the process can take a year or longer. Various factors can cause delays along the way, including scheduling conflicts, disputes during the discovery phase, pre-trial motions that require court rulings, and the possibility of appeals. Once the trial begins, it may last several days or even weeks, depending on how complex the case is. Throughout it all, we’ll give you a clear, realistic timeline and keep you updated at every stage.
How to Prepare for Trial
Preparation is key. Here’s how we’ll help:
- Meet with you to go over your testimony
- Organize documents and records
- Identify and prepare witnesses
- Anticipate the defense’s arguments
We’ll also talk about what to wear, how to respond to questions, and what to expect in court. Our goal is to make you feel as comfortable and prepared as possible.
The Role of an Attorney in a Personal Injury Trial
Trials require strategy, attention to detail, and strong advocacy. As your attorneys, we will:
- Investigate your case and build a strong foundation
- Handle court filings and motions
- Prepare and examine witnesses
- Present compelling arguments to the jury
- Fight for the maximum compensation
You don’t have to take on the legal system alone. That’s our job.
Why You Should Hire Our Personal Injury Attorneys
At Chatham Gilder Howell Pittman, we have decades of experience representing injury victims across North Mississippi. We treat every case with the attention it deserves, whether it settles early or goes to trial. We’ll fight for your rights and stand by your side until your case is resolved. If you’re facing a personal injury trial, give us a call. We’re ready when you are.
