April 22, 2024

What to Expect During a Personal Injury Trial in New York

New York is known for its bustling streets, crowded subways, and occasionally slippery sidewalks. With all that hustle and bustle, accidents are bound to happen. That’s where personal injury cases come into play. 

Whether you’ve slipped on a banana peel or been involved in a fender bender with a hot dog cart, understanding what to expect during a personal injury trial is crucial.

Let’s set the record straight. Personal injury trials aren’t exactly like those gripping legal dramas where lawyers dramatically reveal evidence at the last minute (cue gasps from the jury). They can still be pretty interesting!

We’ll explore everything from the different types of personal injury cases you might encounter to why hiring a top-notch personal injury attorney is essential for your success. 

Filing a Personal Injury Claim in New York City

Steps to Follow When Filing an Injury Claim

  1. Consult an Attorney: Before diving headfirst into the legal world, it’s crucial to consult a personal injury lawyer who specializes in handling cases in New York City. They will guide you through the entire process and protect your rights.
  2. Gather Evidence: To strengthen your case, gather as much evidence as possible. Take photographs of the accident scene, document any injuries sustained, collect witness statements, and obtain copies of medical records related to your injuries.
  3. Notify Insurance Companies: Inform your insurance company and the other party’s insurance company about the accident as soon as possible. Provide them with accurate details regarding the incident and your injuries.
  4. Negotiate or Initiate Legal Action: Depending on your case circumstances, you may negotiate a settlement with the insurance companies or file a lawsuit against those responsible for your injuries.
  5. Statute of Limitations: Be aware of New York’s statute of limitations for personal injury claims. In most cases, you have three years from the date of the accident to file a lawsuit. However, certain exceptions apply, so consult your attorney to determine how much time you have.

Understanding the Statute of Limitations for Personal Injury Claims in New York

New York has a specific timeframe within which you must file your personal injury claim, known as the statute of limitations. This timeframe varies depending on the type of injury sustained and who is at fault.

For car accidents involving bodily harm or property damage caused by negligence, including cases where the injury claim is against a government entity, the statute of limitations is generally three years. However, it’s important to note that this timeframe may differ for other personal injury claims.

It’s crucial to file your claim within the designated time limit; otherwise, you risk losing your right to seek compensation. To ensure you don’t miss any deadlines, consult an attorney who can guide you through the process and help you stay within the legal timeframe.

Gathering Evidence to Support Your Claim

When filing a personal injury claim, gathering strong evidence is essential to support your case and increase your chances of receiving fair compensation. 

Here are some key pieces of evidence you should consider collecting:

  • Photographs: Take pictures of the accident scene from different angles, capturing any visible damage to vehicles or property, as well as any physical injuries sustained.
  • Medical Records: Obtain copies of all medical records related to your injuries. This includes hospital reports, test results, doctor’s notes, prescriptions, and receipts for medical expenses incurred.
  • Witness Statements: If there were witnesses present at the scene of the accident or individuals who can testify about your injuries and their impact on your daily life, gather their statements in writing or through recorded interviews.
  • Police Reports: If law enforcement was involved in documenting the accident, obtain a copy of the police report, as it can provide valuable information regarding liability and fault.

Remember that every piece of evidence contributes to building a strong case. The more comprehensive and compelling your evidence is, the better your chance of securing a favorable outcome in your personal injury claim.

Understanding Duty and Causation in New York Personal Injury Cases

Duty and causation play a significant role in determining negligence and establishing liability. In New York, like in other states, plaintiffs must prove that the defendant owed them a duty of care and that their injuries were caused by the defendant’s breach of that duty.

Explanation of Duty and Causation in Personal Injury Cases

Duty refers to an individual or entity’s legal obligation to act reasonably and responsibly towards others. In personal injury cases, every person must take reasonable steps to prevent harm from coming to others. For example, drivers must obey traffic laws and operate their vehicles safely.

Causation, conversely, focuses on proving that the defendant’s actions or negligence directly caused the plaintiff’s injuries. It involves demonstrating a clear link between the defendant’s breach of duty and the harm suffered by the plaintiff. This can be challenging, as multiple factors may contribute to an accident or injury.

How Negligence is Determined in New York Personal Injury Cases

Negligence is central to personal injury cases as it establishes whether someone failed to fulfill their duty of care. In New York, negligence is determined using a comparative fault system known as pure comparative negligence. This means that even if the plaintiff is partially at fault for their injuries, they can still recover damages from other responsible parties.

Several elements must be established to prove negligence in New York personal injury cases:

  1. Duty: The plaintiff must show that the defendant owed them a legal duty of care.
  2. Breach: The plaintiff must demonstrate how the defendant breached this duty through negligent actions or omissions.
  3. Causation: The plaintiff needs to establish a direct causal link between the defendant’s breach of duty and their injuries.
  4. Damages: Finally, the plaintiff must provide evidence of the damages they have suffered due to the defendant’s negligence.

Establishing the Defendant’s Breach of Duty

Proving that the defendant breached their duty of care is critical in personal injury cases. It shows that the defendant failed to act reasonably and responsibly. 

This can be done by presenting evidence such as:

  • Eyewitness testimonies: Statements from individuals who witnessed the incident can help establish how the defendant’s actions deviated from what would be considered reasonable.
  • Expert opinions: In complex cases, expert witnesses may provide professional opinions on whether the defendant’s actions were negligent.
  • Surveillance footage: Video recordings can serve as valuable evidence, capturing moments leading up to an accident and revealing negligent behavior.

It is important to note that New York follows the “proximate cause” doctrine when determining liability

Proximate cause refers to whether it was foreseeable that a defendant’s breach of duty could result in harm to another person. If it is determined that there was no proximate cause, even if there was a breach of duty, liability may not be established.

Serving a Summons and Complaint

This process initiates the lawsuit and officially notifies the defendant about the legal action being taken against them. Let’s dive into the details of how this important step unfolds.

Process of Serving a Summons and Complaint

Serving a summons and complaint involves delivering these legal documents to the defendant in a manner that complies with New York State laws. The plaintiff’s attorney takes responsibility for ensuring proper service, as it sets the stage for further proceedings in the lawsuit process.

The first step is filing the lawsuit by preparing a complaint that outlines the plaintiff’s claims against the defendant. Once filed with the court, copies of this document are served along with a summons, informing the defendant about their obligation to respond within a specific timeframe.

There are several methods available to serve these documents:

  1. Personal Service: In this method, an authorized individual personally delivers copies of the summons and complaint directly to the defendant. This can be done by hiring a professional process server or requesting assistance from law enforcement.
  2. Substituted Service: If personal service is not possible or unsuccessful after reasonable efforts, substituted service may be utilized. This involves leaving copies of the documents at their residence or business with someone over 18 and reasonably connected to them.
  3. Service by Mail: In certain circumstances, such as when serving defendants outside New York or if allowed by court order, service via certified mail may be an option. However, it requires additional steps to ensure proper proof of delivery.

Importance of Properly Serving Legal Documents

Properly serving legal documents is crucial because it ensures that defendants have notice of the lawsuit against them and allows them to respond appropriately. It also upholds principles of due process by giving defendants a fair chance to defend themselves in court.

If the defendant is not properly served, it can have serious consequences for the lawsuit. The court may not have jurisdiction over the defendant, and any judgments or orders obtained without proper service may be deemed invalid. Therefore, it is essential to follow the correct procedures to avoid potential complications that could delay or jeopardize the case.

Consequences if the Defendant Fails to Respond

Once served with a summons and complaint, the defendant has a limited time to respond. In New York State, 20 or 30 days are typically provided, depending on how they were served. If the defendant fails to respond within this timeframe, several consequences may occur:

  1. Default Judgment: If the defendant does not answer or appear in court after being properly served, the plaintiff may request a default judgment. This means that the court can enter a judgment in favor of the plaintiff without further involvement from the defendant.
  2. Document Production: Failure to respond can result in an adverse inference against the defendant during document production. This means that if the defendant does not produce certain documents requested by the plaintiff, it can be assumed that those documents would support the plaintiff’s claims.
  3. Employment Records: In personal injury cases where employment records are relevant, failure to respond may lead to adverse employment inferences. These inferences assume that information contained within those records would support allegations made by the plaintiff regarding lost wages or diminished earning capacity.

Bill of Particulars

A bill of particulars is a legal document that plays a crucial role during a personal injury trial. It is a detailed breakdown of the plaintiff’s claims, providing specific information about the injuries sustained, medical bills incurred, and other relevant facts. Let’s explore the purpose and content of a bill of particulars, the timelines for submitting it, and how it helps clarify the plaintiff’s claims.

Purpose and Content

The main purpose of a bill of particulars is to ensure transparency and fairness in legal proceedings. It serves as a roadmap for both parties involved in the trial, outlining the specific details of the plaintiff’s case. This document allows the defense to understand what they are being accused of and prepares them to mount an effective defense.

In terms of content, a bill of particulars typically includes various elements related to the personal injury claim. This may include detailed descriptions of the injuries suffered by the plaintiff, such as broken bones, bruises, or internal damage. It will outline any medical treatments received and associated costs.

Moreover, this legal document can also provide information about lost wages due to time off work during recovery or ongoing medical treatment expenses. By including these details in a bill of particulars, plaintiffs can present a comprehensive picture supporting their compensation claim.

Timelines for Submitting

There are specific timelines within which a bill of particulars must be submitted to ensure an efficient legal process. In New York State civil court cases involving personal injury claims, plaintiffs usually have 30 days from receiving written notice from defendants’ attorneys to submit their bill.

It is essential for plaintiffs to adhere strictly to this timeline because failure could result in potential consequences that may weaken their case or even lead to its dismissal. Therefore, it is advisable for individuals pursuing personal injury claims in New York State courts to consult their attorney promptly after initiating legal action.

Clarifying the Plaintiff’s Claims

Providing specific details about the injuries sustained, medical bills incurred, and other relevant facts helps establish a clear narrative. For example, if a plaintiff suffered a broken leg due to a car accident, the bill of particulars would outline the exact nature of the injury, including any fractures or associated complications. 

It should include information about medical treatments received, such as surgeries or physical therapy sessions. This level of detail allows both parties involved in the trial to understand what is being claimed and how it relates to the incident.

By presenting a comprehensive and detailed bill of particulars, plaintiffs can strengthen their case by providing concrete evidence supporting their claims. This document helps ensure that all parties involved understand what is at stake and enables them to prepare accordingly for legal proceedings.

Preliminary Conference

During a personal injury trial in New York, the preliminary conference is one of the important stages. This conference plays a crucial role in setting the stage for the trial proceedings and ensuring that both parties are prepared and aware of what to expect. 

Role and Purpose of a Preliminary Conference

The primary purpose of a preliminary conference is to facilitate communication between the parties involved in the personal injury case. It allows the plaintiff’s attorney, the defendant’s attorney, and sometimes even the judge to come together and discuss various aspects of the trial. This includes addressing any preliminary issues, establishing deadlines for discovery, and determining other pre-trial matters.

The conference aims to streamline the litigation process by identifying key areas of contention early on. It helps ensure both sides access to relevant information and evidence necessary for effectively presenting their cases. Clarifying procedural rules and requirements allows for a more efficient progression toward trial.

What Happens During a Preliminary Conference

  1. Attendance: The parties involved in the lawsuit and their attorneys are required to attend the preliminary conference. This ensures that all stakeholders are present to discuss important matters related to the case.
  2. Case Overview: The attorneys provide an overview of their respective positions regarding liability, damages, and any other significant issues related to the personal injury claim.
  3. Discovery Deadlines: One crucial aspect addressed during this conference is setting deadlines for discovery–the process through which each party collects evidence from one another. This includes exchanging documents, depositing, and gathering expert opinions or reports relevant to the case.
  4. Pre-Trial Motions: If there are any pending motions before trial (such as motions to dismiss or motions for summary judgment), they may also be discussed during this conference.
  5. Expert Witnesses: The preliminary conference also provides an opportunity to discuss using expert witnesses. This includes identifying the areas in which expert testimony may be required and establishing deadlines for disclosing these experts and their reports.
  6. Trial Schedule: Another important aspect addressed during the preliminary conference is setting a trial schedule. This involves determining the estimated length of the trial and potential dates for its commencement.
  7. Settlement Possibilities: While not a primary focus, the preliminary conference may touch upon settlement possibilities. It allows both parties to explore potential avenues for resolving the case without going to trial.

By addressing these key points, a preliminary conference ensures that all parties agree regarding timelines, expectations, and procedures leading up to the personal injury trial.

Setting Deadlines for Discovery and Other Pre-Trial Matters

During a preliminary conference, one of the critical tasks is establishing deadlines for discovery and other pre-trial matters. These deadlines are crucial as they determine when each party must complete various trial preparation steps. Here’s why it matters:

  1. Efficiency: By setting specific deadlines, both parties know when certain actions must be taken. This helps maintain efficiency throughout the litigation process and avoids unnecessary delays.
  2. Equal Opportunity: Establishing deadlines ensures that both sides have an equal opportunity to gather evidence and build their cases effectively. It prevents one party from unfairly withholding information or prolonging discovery unnecessarily.
  3. Focus on Key Issues: Setting deadlines helps narrow the focus on essential issues early in the process. It encourages parties to prioritize gathering evidence related to liability, damages, or any other pertinent aspects of the case.
  4. Avoidance of Surprise Tactics: Clear deadlines discourage last-minute surprises or ambush tactics by either side. It promotes transparency and fairness by ensuring that all relevant information is disclosed within specified timeframes.
  5. Facilitating Settlement Discussions: Having deadlines can also prompt parties to engage in settlement discussions early. When both sides are aware of the upcoming trial schedule, it may encourage them to explore potential resolutions that could avoid a lengthy trial.

Examination Before Trial

Definition and Purpose of an Examination Before Trial (EBT)

An examination before trial (EBT), a deposition, is crucial in the personal injury trial process. It involves the questioning of witnesses under oath before the trial takes place. The purpose of an EBT is to gather information, assess witness credibility, and obtain evidence that can be used during the trial.

During an EBT, both parties’ attorneys can ask questions to witnesses involved in the case. This includes the plaintiff, defendant, experts, and other relevant individuals. The questions asked during this process aim to uncover facts about the incident leading to the personal injury claim.

Conducting Depositions During an EBT

Depositions play a significant role in building a strong case for trial. They allow attorneys from both sides to examine witnesses thoroughly and gain insight into their version of events. The deposing attorney can ask open-ended questions that delve into details surrounding the incident and explore various aspects related to liability and damages.

During an EBT, attorneys must be well-prepared and strategic in questioning. They need to extract valuable information while also assessing witness credibility. Experienced attorneys often employ different techniques, such as asking leading questions or confronting witnesses with conflicting evidence.

Depositions allow attorneys to gauge how witnesses perform on the stand during trial. Observing their demeanor, body language, and clarity of responses can help shape strategies for cross-examination or presenting evidence later on.

Using EBT Testimony as Evidence at Trial

The testimony obtained during an examination before trial holds significant weight as evidence during the actual trial proceedings. Both parties’ attorneys can use it strategically to support their claims or defenses.

For example, if a witness provides compelling testimony supporting the plaintiff’s version of events during an EBT, their statements can strengthen the opening statement and subsequent arguments made during the trial. 

On the other hand, if inconsistencies or contradictions arise during an EBT, the opposing attorney can use that information to challenge witness credibility and weaken their testimony. It is important to note that not all EBT testimony makes it to trial. Attorneys may file trial motions to exclude certain portions of a deposition or limit its use as evidence. 

These motions are typically based on legal grounds such as hearsay or relevance. However, if no such motion is successful, the testimony obtained during an EBT can significantly impact the outcome of a personal injury trial in New York.

Physical Examination

Circumstances under which a physical examination may be required

A physical examination may be required under specific circumstances during a personal injury trial in New York. These examinations are typically conducted to assess the extent of your injuries and gather relevant medical evidence for your case. 

Here are some common situations where a physical examination may be necessary:

  1. Medical attention: If you sought medical treatment following the accident that caused your injuries, you will likely undergo a physical examination as part of the standard procedure. This examination helps document any visible injuries or immediate effects of the incident.
  2. Medical records: Your medical records play a vital role in establishing the link between the accident and your injuries. To strengthen your case, defense attorneys or insurance companies often request an independent physical examination to challenge or verify the information provided by your treating physicians.
  3. Disputed medical condition: In cases where there is disagreement regarding the severity or existence of certain injuries, both parties may agree to an oral examination by an impartial medical expert appointed by the court. This expert will evaluate your condition and provide an unbiased opinion based on their expertise.

The role of medical experts during physical examinations

Physical examinations during personal injury trials involve the participation of medical experts who play a crucial role in assessing and documenting your injuries. 

These experts are usually doctors with specialized knowledge in relevant fields such as orthopedics, neurology, or radiology. 

Here’s how they contribute to this process:

  1. Evaluation: Medical experts thoroughly examine you to identify any visible signs of injury or other related conditions resulting from the accident. They carefully analyze various aspects such as range of motion, pain levels, and any physical limitations you may be experiencing.
  2. Documentation: The medical experts document their findings in detailed reports that become essential evidence during the trial. These reports provide a comprehensive overview of your injuries, including their severity, prognosis, and potential long-term effects.
  3. Testimony: In addition to preparing written reports, medical experts may testify in court to present their findings and opinions. Their testimony helps the judge or jury understand the extent of your injuries and how they may impact your life.

Impact on the case based on physical examination results

The results of a physical examination can significantly impact the outcome of a personal injury trial in New York. They serve as crucial evidence supporting your compensation claim. Here are some ways in which physical examination results can influence your case:

  1. Corroborating evidence: Physical examination results provide tangible evidence that supports your claims regarding the nature and severity of your injuries. This evidence strengthens your position and makes it harder for defense attorneys or insurance companies to dispute the validity of your claims.
  2. Determining damages: The extent of your injuries revealed through physical examinations directly affects the calculation of damages you may receive. Medical expenses related to treatment, ongoing care, rehabilitation, and potential future medical needs are all considered when determining compensation.
  3. Credibility: Physical examination results obtained from independent medical experts are significant in establishing credibility during a trial. When multiple experts arrive at similar conclusions about the extent of your injuries, it reinforces the validity of your claims and enhances your overall credibility as a plaintiff.

Discovery and Inspection

During a personal injury trial in New York, the discovery and inspection phase is crucial in gathering information and evidence. This stage allows both parties to exchange relevant documents, investigate the incident further, request inspections or site visits, and collect valuable evidence to support their claims.

The Discovery Process: Unveiling the Truth

In the discovery process, both sides can obtain information from each other. This is done through various methods such as interrogatories (written questions), document requests, depositions (oral testimonies under oath), and requests for admissions. It’s like peeling back the layers of an onion to reveal the truth behind what happened.

The timeline for discovery can vary depending on the case’s complexity and court schedules. It typically begins after a lawsuit has been filed and continues until shortly before trial. The goal is to ensure all parties can access relevant information to adequately prepare their arguments.

Exchanging Relevant Documents: A Treasure Trove of Evidence

One key aspect of discovery is exchanging relevant documents with opposing counsel. This could include medical records, accident reports, insurance policies, photographs, or other items pertinent to the case. These documents provide critical insights into the incident, injuries sustained, property damage, or other relevant details.

For example, exchanging blueprints or inspection reports might be crucial in establishing liability in a construction accident where someone was injured due to negligence at a worksite. These documents can shed light on whether safety regulations were followed or if any hazards contributed to the accident.

Requesting Inspections: Uncovering Hidden Truths

Discovery also allows parties to request inspections or site visits for their investigation. This can be particularly important when physical evidence needs to be examined firsthand or when an expert’s opinion is required.

For instance, if someone claims they suffered injuries due to a defective product, requesting an inspection of the item can provide valuable evidence. By examining the product closely, experts can determine if any manufacturing defects or design flaws contributed to the injury.

Likewise, in a personal injury case involving property damage, requesting an inspection of the premises can help establish liability. Photographs and detailed reports from the inspection can demonstrate the unsafe conditions that led to the accident, strengthening the injured party’s claim.

Getting a Calendar Date

Requesting a calendar date for the trial

You’ll need to submit a written request to the court to request a calendar date for your trial. This can typically be done through your attorney, who will handle all the necessary paperwork on your behalf. Make sure you provide all the relevant details of your case, including the parties involved, case number, and any other pertinent information requested by the court.

Once your request is submitted, it’s up to the court to assign a date for your trial. Remember that courts are often busy with numerous cases, so it may take some time before you receive confirmation of your assigned date. Be patient and trust the process.

Factors that may affect the assigned trial date

Now that you’ve requested a calendar date for your personal injury trial, it’s important to understand that several factors can influence when your trial will take place. Here are some key considerations:

  1. Court availability: The availability of judges and courtroom space can significantly impact when your trial will be scheduled. Courts have limited resources and must manage their caseload efficiently.
  2. Case complexity: The complexity of your personal injury case can also affect how soon it goes to trial. More complex cases often require additional preparation time for both parties involved.
  3. Settlement negotiations: Before proceeding with a trial, there may be attempts at settlement negotiations between the parties involved. If an agreement is reached during this stage, an actual trial might not be needed.
  4. Scheduling conflicts: Both sides may have scheduling conflicts due to other commitments or prior engagements that could delay the trial date further.

It’s essential to keep these factors in mind and remain flexible throughout the process. While you may want your trial to happen as soon as possible, allowing for the necessary time and resources is crucial to ensure a fair and just proceeding.

Preparing for trial after obtaining a calendar date

Congratulations! You’ve finally obtained a calendar date for your personal injury trial in New York. Now, it’s time to buckle down and prepare for what lies ahead. Here are some steps you can take to get ready:

  1. Consult your attorney: Schedule a meeting with your attorney to discuss the specifics of your case, review any evidence or documentation, and develop a solid trial strategy. Your attorney will guide you through the process and help you understand what to expect.
  2. Gather evidence: Collect all relevant evidence that supports your claim, such as medical records, photographs, witness statements, and any other documentation that strengthens your case. Make sure everything is organized and easily accessible when needed during the trial.
  3. Prepare witnesses: If you have witnesses who can provide testimony in support of your claim, make sure they are well-prepared. Work closely with your attorney to coordinate their appearances at trial and ensure they understand what will be expected of them on the stand.
  4. Anticipate opposing arguments: Take some time to consider potential arguments or strategies that the opposing party may use against you during the trial. Discuss these scenarios with your attorney so that you can be adequately prepared to counter them effectively.
  5. Dress appropriately: It may seem trivial, but dressing appropriately for court can affect how the judge and jury perceive you. Dress professionally, showing respect for the legal process.

By following these steps, you’ll be better equipped to navigate through your personal injury trial successfully. Remember that preparation is key, so take the time necessary to gather all relevant information and work closely with your attorney.

Jury Selection and Trial

The Jury Selection Process in New York Personal Injury Trials

This process involves carefully choosing individuals serving as jurors and deciding the case’s outcome. The goal is to select a fair and impartial jury that can objectively evaluate the evidence presented during the trial.

The plaintiff’s and defendant’s attorneys can question potential jurors during jury selection. They aim to identify any biases or prejudices that may affect their ability to fairly decide on the case. Attorneys may ask questions about prior experiences, beliefs, or connections that could influence a juror’s perspective.

The court randomly summons a pool of potential jurors from voter registration lists, driver’s license records, and other sources. From this pool, a smaller group is selected for voir dire, which is when attorneys question potential jurors individually or in groups. The judge oversees this process to ensure fairness. Once both sides have questioned the potential jurors, they can exercise challenges to remove individuals from serving on the jury. 

There are two types of challenges: for cause and peremptory challenges. Challenges for cause are based on valid reasons such as bias or inability to be impartial. Peremptory challenges do not require specific reasons but are limited in number. After all challenges have been exercised, twelve jurors (or six in some cases) are selected along with alternate jurors who may replace any juror unable to continue during the trial.

Role of Attorneys During Jury Selection

Attorneys play a crucial role during jury selection. Their objective is to assess potential jurors’ suitability for their client’s case by uncovering any biases or predispositions that could impact their decision-making.

Attorneys use various strategies during jury selection to achieve favorable client outcomes. They carefully analyze potential jurors’ responses during questioning, looking for any indications of prejudice or sympathy that may affect their ability to render an impartial verdict.

Attorneys may employ psychological techniques to gauge potential jurors’ personalities and values. This helps them determine how jurors might interpret the evidence presented and align with their client’s interests.

Throughout the jury selection process, attorneys strive to build a rapport with potential jurors, aiming to establish trust and credibility. They seek open-minded individuals, willing to consider all evidence objectively and capable of setting aside personal biases.

Stages and Procedures Involved in a Personal Injury Trial

A personal injury trial in New York typically involves several stages and procedures that ensure a fair and thorough case assessment. These stages include:

  1. Jury Selection: As discussed earlier, selecting an impartial jury is critical in the trial process.
  2. Opening Statements: Attorneys from both sides present their opening statements, outlining their arguments and previewing the evidence they plan to present.
  3. Witness Testimony: The actual trial begins with witnesses providing testimony under oath. This includes both expert witnesses who offer specialized knowledge related to the case and fact witnesses who provide firsthand accounts.
  4. Cross-Examination: After each witness testifies for one side, opposing counsel can cross-examine them. This allows for challenging credibility or clarifying points raised during direct examination.
  5. Presentation of Evidence: Attorneys present various forms of evidence, such as documents, photographs, medical records, or video recordings, to support their arguments.
  6. Closing Arguments: Once all evidence has been presented, attorneys deliver closing arguments summarizing their case and urging the jury to reach a favorable verdict for their client.
  7. Jury Deliberation: After receiving instructions from the judge regarding applicable laws and standards, jurors deliberate privately until they reach a unanimous decision or majority agreement (depending on the type of case).
  8. Verdict: The jury’s decision, known as the verdict, is announced in court. If the verdict favors the plaintiff, damages may be awarded.

A court reporter records all proceedings throughout the trial to create an accurate case transcript. This transcript is an official record and can be referred to during appeals or other post-trial procedures.


In a personal injury trial in New York, the verdict is the outcome that determines the resolution of the case. It represents the decision made by the jury or judge after considering all the evidence, testimonies, and arguments presented during the trial. The verdict can have significant implications for both parties involved and can greatly impact the potential damages awarded.

Possible outcomes of a personal injury trial verdict

Several possible outcomes can result from a verdict. These outcomes include:

  1. Favorable Verdict for Plaintiff: If the jury or judge finds in favor of the plaintiff, they believe the defendant is responsible for causing harm or injuries. In such cases, monetary compensation may be awarded to cover medical expenses, lost wages, pain and suffering, and other damages.
  2. Unfavorable Verdict for Plaintiff: Conversely, if the jury or judge rules against the plaintiff, it means they do not find sufficient evidence to prove liability on the part of the defendant. In this situation, no compensation is awarded to the plaintiff.
  3. Partial Verdict: Sometimes, a personal injury trial may result in a partial verdict where only certain aspects of liability or damages are decided upon. This typically occurs when multiple defendants are involved or have complex issues.
  4. Settlement: Instead of waiting for a verdict from a trial, parties involved may choose to reach a settlement agreement before reaching court proceedings. Settlements often involve negotiations between both sides and can result in compensation being awarded without going through an entire trial process.

Factors considered by the jury when reaching a verdict

During a personal injury trial in New York, jurors play an essential role in reaching a verdict. They carefully evaluate various factors before making their decision:

  1. Testimony and Evidence: Jurors consider witness testimonies provided by both parties involved and any physical evidence presented. They assess the credibility and consistency of the testimonies to determine their reliability.
  2. Arguments and Defense: Jurors evaluate the arguments put forth by each side, including the plaintiff’s claims and the defense’s counterarguments. They consider how well each side presents its case and whether they effectively address any doubts or uncertainties raised during the trial.
  3. Expert Opinions: If expert witnesses are called upon during the trial, jurors weigh their opinions and expertise in determining liability or damages. Expert testimonies can provide valuable insights into the case’s complex medical or technical aspects.
  4. Closing Argument: The closing argument made by both parties’ attorneys is crucial in influencing jurors’ final decision-making process. Attorneys summarize the key points of their case, highlight important evidence, and attempt to persuade jurors to rule in their favor.

Impact of the verdict on potential damages awarded

The verdict reached in a personal injury trial directly affects the potential damages that may be awarded to the plaintiff:

  1. Compensatory Damages: If a favorable verdict is reached for the plaintiff, compensatory damages may be awarded to cover economic losses (such as medical expenses and lost wages) and non-economic losses (such as pain, suffering, and emotional distress). The amount of compensation granted depends on various factors, including severity of injuries, impact on daily life, and future prognosis.
  2. Punitive Damages: In certain cases where it is proven that the defendant’s actions were particularly reckless or malicious, punitive damages may be awarded on top of compensatory damages. Punitive damages aim to punish defendants for their behavior and deter similar actions from occurring in the future.

It is important to note that each personal injury lawsuit is unique with its own circumstances, ultimately shaping how a jury or judge reaches a verdict. The complexity of these cases underscores why individuals involved in personal injury disputes must seek legal representation that can effectively present their case and navigate the intricacies of the legal system.

Settlement, Arbitration and Mediation

Settlement, arbitration, and mediation are all options that can save you time and money compared to going through a full trial. Settlement is often the most common outcome in personal injury cases, where both parties agree on compensation without going to court. This can be a quicker process and allows you to avoid the uncertainty of a trial. 

Arbitration involves presenting your case to a neutral third party who will make a binding decision on the matter. Mediation, however, involves using a mediator to facilitate negotiations between both parties to reach a mutually satisfactory resolution.

Consider discussing these alternatives with your attorney before proceeding with a trial. They can provide guidance based on their expertise and experience handling personal injury cases in New York.

Greenstein & Milbauer, LLP is Ready to Help

If you need help with your personal injury case, our lawyers at Greenstein & Milbauer, LLP, can help. We know you’re in a difficult situation and want to take that pressure off you. Choosing our law firm means choosing attorneys with the experience and determination to win for you as you try to move past your injuries. Contact us today!


Can I change my mind about settling and opt for a trial instead?

Yes, you can change your mind about settling at any point before signing an official settlement agreement. However, it’s important to consult your attorney before making any decisions, as they can provide valuable insight into the potential risks and benefits of going forward with a trial.

Is arbitration legally binding?

Yes, if both parties agree beforehand that arbitration will be binding, then the decision reached by the arbitrator is final and cannot be appealed in court except under limited circumstances.

How long does mediation typically take?

The duration of mediation varies depending on the case’s complexity and how willing both parties are to negotiate. It can range from just one session lasting several hours to multiple sessions spread over several weeks or months.

Will I still need an attorney if I choose settlement, arbitration, or mediation?

Legal representation is highly recommended regardless of how you resolve your personal injury case. An attorney can help protect your rights, negotiate, and ensure that any settlement or agreement is fair and in your best interest.

What happens if we can’t reach a settlement, arbitration award, or mediated agreement?

If alternative resolution methods fail, the case may proceed to trial, where a judge or jury will decide based on the evidence presented. Your attorney will guide you through this process and advocate for your interests in court.

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