The vast majority of personal injury claims that arise after car accidents and truck accidents settle without  having to go to trial.  From time to time, some cases do go to trial, which can be scary or daunting to you as the injured person.  You may be asking how come my case is going to trial when most settle?  What should I wear to court?  How should I act?  Who will  my jurors be and where do they come from?  These are just a few of the many questions you  may have.  If you have a committed personal injury lawyer fighting hard for you, then you will already know the answers to these questions.  If you don’t, please read on.

     Why certain cases go to trial is a multifaceted question that defies one explanation.  In my experience, the cases that go to trial fall into a number of separate categories.  The most obvious type of case that will be tried is when the injury is relatively minor and your lawyer is asking for far too much money for the type of case and where it is going to be tried.  In our area, certain counties are well known for awarding far less money for injuries that in other counties are well compensated.  This type of case is generally known as a minor impact soft tissue case where the injured person does not  have any fractures or anatomical injuries that show up on x-rays, MRI’s or CT-scans, and is limited to musclo-skeletal sprain strain, that according to medical literature, generally heals with or without treatment in the 6-12 week range.  If a person is suffering from that sort of injury and receives substantial medical care from a chiropractor for instance that goes well beyond that 12 week range, the insurance companies often believe that the injured person is exaggerating their symptoms and the like.  If that type of case is  pending in a conservative county and your lawyer is asking for gobs of money, your case will most likely be tried. 

     Another type of case that is typically tried is the one where the defense isn’t so much contesting your injury, but rather believes that their client is not at fault for what happened, or that your own fault in the accident is substantial.  In our state, if the injured party’s fault is greater than 50%, they lose.  Another version of that type of case is where the plaintiff is not at fault, but there are two or more defendants fighting among themselves as to which of them are at fault and in what proportion.  If that is your situation, sit back and enjoy the show, because nobody is blaming you for what happened!!  Both defense lawyers may still contest the nature and extent of your injury, but your own lawyer will have a nice time pointing out to the jury that you are the victim between two defendants arguing among themselves about who caused your injury.

     Another type of case that is regularly tried is where the injuries suffered are catastrophic or even death, and there is a substantial amount of insurance coverage available from one or more defendants that either do not want to offer the fair amount, or again are fighting among themselves about which is more at fault than the other.  Or again, even if you are catastrophically injured or there is a death involved, if the facts suggest that you or your loved one is at fault in whole or in part, your case may be tried.  The thing to be very careful about when your injury is catastrophic or death is involved is to not leave a substantial amount of money on the settlement table convinced you will do so much better with a jury.  You might, but make sure your lawyer has explained to you in great detail about the fair settlement range of your case and your likelihood of doing better at trial and the possible risks of trial based on what legal venue you are in.  I was a defense lawyer for years, and I can guarantee you that there isn’t a more solemn and anguished face than that of a plaintiff that refused substantial money only to have the jury give them nothing.  Now, on the other hand, if your injuries are catastrophic or death is involved, and the defense is offering nothing or only a pittance, than you have may have nothing to lose allowing a jury of your peers to decide your fate.

     There are other reasons why a case may be tried, but that covers most categories of car accidents and truck accidents that get tried.  A whole separate column could be written about other types of cases like medical malpractice or construction accidents, product liability, but I think you get the picture.  But, let’s look at some of the other questions you may have.

     I know for many people a big question may be what should you wear and how should you act.  Just like at your deposition, wear what you consider to be a nice outfit if you were meeting a good friend at a nice restaurant, but don’t dress beyond who you are and what you do.  In other words, if you are a college professor, look like one.  If you are a lovely young housewife with kids, look like one in court.  If you work in a greasy factory, going to court in a suit that you only wear at weddings and funerals may be too much, but a nice pair of khakis and a golf shirt may be just right.  Ask your lawyer what you should wear and if they don’t know or don’t’ care, don’t hire them in the future  or send anyone else their way.   We tell our clients, NO blue jeans, NO daisy dukes and don’t look like you are trying to over-dress to impress.   As our mother’s told us, you only have one chance to make a good first impression, and the same goes between you and your jury.  If you look like a slovenly  mess, who is going to sympathize for you?  A sense of modesty and humility may be good attributes in my experience.  

     How should you act at court?   The better thing to remember is how you act ON YOUR WAY TO COURT!!  We tell all of our clients that since they don’t know who their jurors are going to be when the trial first starts, they may inadvertently bump into one on their way to  court and the last thing we want to have  happened is for an unknown juror to have had some negative or bad encounter with our client and NO ONE KNOWS IT HAPPENED!!  What do I mean?  How about rudely pushing past someone because you think you are late, or shouting and swearing at some car or person that you think cut you off or brushed past you.  Or how about smoking and yucking it up outside the court house and then acting hurt and somber inside.  If a jury sees that sort of behavior from you before your trial even starts, and you don’t even know it  happened, you may have doomed your trial from the outset because your lawyer won’t know it happened and if that potential juror that saw you act like an idiot gets on your jury, you can bet that he or she will tell every other juror what a jerk or fool you were outside of court and contrast it to your actions in court.  So, in other words, BE ON YOUR BEST BEHAVIOR FROM THE SECOND YOU LEAVE YOUR HOME UNTIL THE SECOND YOU GET BACK HOME AGAIN FOR EVERY DAY YOUR CASE IS ON TRIAL!  I obviously cannot emphasize that enough.  If you happen to live in a very small town where everybody knows everyone else and how they act, then I guess there isn’t too much you can do in that situation. 

      When you are in court, be calm.  Don’t exaggerate your injury.  Don’t be loud in the hallways.  When witnesses are testifying, look at them.  Don’t stare down.  Don’t under any circumstances that I can think of get angry or shout out at anyone.  Be respectful of all court personnel and obviously the judge.  Do not ever just start talking to the judge.  In other words, speak if you are spoken to or your lawyer tells you to.  Otherwise, sit and look up and relaxed.  When you are testifying, don’t look down–don’t keep your hands around your mouth.  Don’t let your voice trail off, but on the other hand, don’t over forcefully answer question.  Some of the most dramatic testimony in court on injury cases is done quietly–a mom explaining how she found out that her daughter had been hit by a car, and the fear she felt racing to the hospital to see how she was and how nervous and scared she was walking into the hospital and asking about her daughter, and how terrified she was when the doctor came out to talk to her about her daughter.  Jurors can and will identify with that scenario and you will not need to overplay it in anyway.  Just let the story come out as your lawyer is asking you questions. If the event you are describing is sad, don’t feel bad if you weep.  On the other hand, if you strained your back and had 6 weeks of chiropractic care, I don’t think most jurors would expect you to be crying in court about your injury or how you feel. 

      When the defense lawyer cross-examines you, be respectful.  Generally, short yes or no answers are best, followed by “sir” or “ma’am”.  In other words, “No, sir.”  NEVER ARGUE WITH THE DEFENSE LAWYER!! LET YOUR LAWYER DO THE ARGUING!!!  If the defense lawyer confronts you with a prior statement you made in a deposition, don’t quibble with him.  Your lawyer should have you prepared for any attempts at impeachment.  Rarely is it a good strategy to deny that you made a previous statement under oath at your deposition.  If the defense lawyer asks you if you were better after your last doctors appointment, and you were, don’t quibble.  Say “yes,  I was feeling better then.”  Most good defense lawyers only have 2-3 areas of inquiry for you and depending on your case, your own lawyer should have gone over that with you many times before you took the witness stand.   Don’t look “guilty” or sheepish. 

     Well, who are these jurors deciding your fate?  Who is on a jury varies from jurisdiction to jurisdiction, but generally they are members of the same county as where the case is tried.  Names of jurors come from voter lists, driver license lists, property ownership.  Almost nobody is automatically exempt from jury duty.  Jurors are your “neighbors” so to speak.  They come from all walks of life and they bring with them their experiences in the affairs of life when they are on the jury.  My experience is that most juries try very hard to do the right thing and even though most detest the fact they were called for jury duty, after the trial is over, almost universally each juror believes it was a positive experience that opened their eyes to a system they only knew from TV and newspapers. 

      Good luck on your trial!!  Always tell the truth and let a skilled personal injury lawyer do the rest.