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  • By: Jim Ellison, Esq.
Stethoscope and gavel showcasing courtroom elements in Maryland personal injury cases.

In this article, you can discover…

  • What the legal process looks like when you file a personal injury lawsuit.
  • Whether you can appeal if you lose your case.
  • How an experienced attorney can help you prepare for trial.

What Is The Difference Between Settling A Personal Injury Claim And Going To Trial?

Settling a personal injury claim means both you and the at-fault party reach an agreement on what constitutes a fair resolution. Typically, this involves agreeing on a compensation amount without going to court.

If a settlement can’t be reached, the case goes to trial. At that point, a judge or jury hears the evidence and makes a legally binding decision. Unlike settlement negotiations, where you have control over the outcome, a trial puts the final decision in the hands of a third party, whether a judge or jury.

How Long Does The Average Personal Injury Trial Take In Maryland Courts?

Jury trials typically last 2–3 days for smaller cases. Bench trials, that is, those heard by a judge only, may be completed in a single day. Larger or more complex cases, especially those involving serious injuries or multiple disputes, can last a week or longer.

The Personal Injury Court Process Explained

Here’s an overview of what typically happens in a personal injury trial:

Attempts At Settlement

Before trial, both sides will try again to resolve the case.

Motions In Limine

The court rules on what evidence can and cannot be presented during trial. This is particularly important in jury trials.

Jury Selection (Voir Dire)

Attorneys and the judge question prospective jurors to eliminate any with potential bias.

Opening Statements

The plaintiff’s attorney presents the facts, theory of liability, and claimed damages. The defense attorney responds with their position.

Witness Testimony

The plaintiff typically testifies first, followed by any eyewitnesses or lay witnesses. Expert witnesses, like accident reconstructionists or medical professionals, may testify to explain technical issues. After each witness testifies, the opposing side has a chance to cross-examine them.

Presentation Of Damages

This includes medical providers who explain the injury, treatment costs, and long-term impact.

Defense’s Case

The defense may call its own witnesses and experts to challenge liability or injury claims.

Rebuttal

The plaintiff can present additional evidence or witnesses in response to the defense’s case.

Closing Arguments

The plaintiff’s attorney summarizes the case and damages. The defense then responds. Finally, the plaintiff has the opportunity to give a final rebuttal.

Jury Deliberation

The jury, typically six people, deliberates and must reach a unanimous decision. If they find in favor of the plaintiff, they also decide the amount of compensation to award.

Will I Be Required To Testify In Court For My Personal Injury Lawsuit?

If your case goes to trial, you, as the plaintiff, are the primary witness. You’re the person most familiar with your injuries and how the accident has affected your life. Your testimony is a central part of the case. As such, it’s highly likely that you’ll testify.

Can I Appeal If I Lose My Personal Injury Trial?

You have the right to appeal the decision of your case, especially if there were legal errors during the trial. Common grounds for appeal include:

  • Improperly admitted or excluded evidence
  • Juror misconduct
  • Incorrect legal rulings by the judge

Appeals are made to higher courts, such as the Maryland Court of Special Appeals or the Supreme Court of Maryland, depending on the nature of the issue.

What Are Some Of The Biggest Surprises Clients Face When They Go Through A Trial?

Many clients are surprised by just how structured and procedural the trial process really is. It’s not simply a matter of telling your story and getting a decision. There are strict rules about how evidence is introduced, who can say what, and when.

Another unexpected aspect is how long it can take just to get through jury selection. The process, called voir dire, involves carefully questioning potential jurors to ensure a fair and unbiased panel, and it can be more time-consuming than most people anticipate.

Even with preparation, witnesses don’t always say exactly what was expected. That can catch clients off guard, especially when they’ve assumed things will go exactly according to plan.

Trials are detailed, time-intensive undertakings. When your case goes to court, it becomes your attorney’s primary focus. Every minute is spent building and presenting your case as clearly and effectively as possible.

How Will You Help Prepare Me For Unexpected Twists In A Trial?

We’ll prepare you by walking you through potential questions, both from our side and from the opposing side. We look at the case from the defense’s perspective and help you practice responding clearly and calmly. We will also coach you on how to speak to the judge or jury, not to the opposing attorney, and how to stay composed under pressure.

Still Have Questions? Ready To Get Started?

For more information on Maryland personal injury court process explained, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (443) 290-3337 today.