What Happens If My Personal Injury Claim Goes To Court?

December 15, 2022

When Personal Injury Cases Go to Court: What You Need to Know

If you are dealing with an injury from an accident — such as a workplace accident or car accident, you may want to contact a personal injury attorney. An attorney can help you file a claim against the party or parties who may be at fault.


Filing this legal claim will open up the opportunity for you to receive compensation. This compensation could help to cover a variety of costs you have incurred:

  • Damage to property
  • Medical treatment and hospitalization
  • Loss of wages from missing work
  • Other pain and suffering


In many cases, insurance companies settle personal injury cases and lawsuits out of court. However, out-of-court settlements are not the only potential outcomes.


Several cases do eventually wind up going to court for trial. A few of the most common reasons include the following:


  • The attorney for the defendant believes that they will win the case.
  • A plaintiff may want to publicly display the defendant's negligence without them having the option to conceal wrongdoing through a settlement.
  • The defendant wants to contest the amount of money at stake for the personal injury claim.
  • The defendant’s insurance company does not want to set a standard or precedent for the particular details of a case.
  • The seriousness of your injuries, recovery time, and how much it affects your ability to work.
  • Your family scenario, age, and other personal aspects.



If you find yourself in this situation, it is important to understand what you need to do — and what you should expect regarding your claim. Below is a breakdown of all the typical elements you will see in the trial process.


From Jury Selection to Trial Start


If cases wind up in court, each one will proceed through several steps from beginning to end.


Sometimes, a jury selection may take place to hear and decide your case. A jury is typically 12 or fewer individuals initially screened by a judge.


The judge asks each juror questions relative to the case to help understand their personal beliefs and potential biases. This helps produce a jury that is as impartial as possible regarding the specifics of your case.


Once the jury is finalized, the case can move to the trial. Personal injury trials usually get started with opening statements from both the prosecution and defense.


Each side is provided with a set amount of time to support their legal claims in the case. You will often see the personal injury attorneys going first in this process as they are tasked with demonstrating the burden of truth (and fault) against the other party.


What the Burden of Proof Is All About


The success of a personal injury claim hinges on a claimant's ability to clearly and indisputably demonstrate the burden of truth about who is at fault for an accident. The burden of proof relates to two separate but important components:

  1. Burden of Production
  2. Burden of Persuasion



Remember the idea of “innocent until proven guilty” to understand what these two components mean. This is what your personal injury attorney is tasked with doing in the trial.


The defendant is typically presumed innocent at the start of a trial. It is your personal injury attorney who must produce the evidence needed to show that the party is at-fault for an accident. Enough evidence provided through the burden of production achieves the burden of persuasion to convince a judge and jury of liability.


Achieving this burden of proof often starts with your personal injury attorney calling witnesses. These witnesses testify about what they have seen to corroborate other evidence presented throughout the trial.


Witnesses are sometimes people who were present at the time of the accident. They also could be professionals who can back up other evidence presented by your attorney:

  • Doctors
  • Medical professionals
  • Financial experts
  • Forensics or scene recreation experts



The Final Stages of the Court Process


When all of your evidence is presented, the defense then gets a chance to present their case and show counter-evidence related to the incident. Then, the defense proceeds much like the claimant's with evidence, witnesses, experts, and documents in support of their own argument.


After both sides have presented their cases, the opposite sides can then cross-examine witnesses to clarify issues, strike doubt into testimony, and attempt to strengthen their claims.


The final element of a trial occurs when each side presents its closing arguments. Both your personal injury attorney and the defense each have the chance to offer last words in an attempt to persuade the jury.


The arguments come down to the basic aspect of persuasion. Did the prosecution provide enough evidence to overcome the burden of proof and convince the jury of fault? Or did the defense's counter-evidence cast enough doubt into the argument meant to find the defendant at fault?


From this point, the jury then deliberates the evidence and makes a decision on the conclusion. You will often see the jury deliberate fairly quickly in personal injury cases. However, sometimes the case could take several days or more of deliberation before a decision is made.


Once the verdict is reached, it is given to the judge and then read to everyone in the courtroom.


The Value of a Personal Injury Attorney


Hopefully, this basic breakdown of the trial process can put your mind at ease. Usually, you can expect the trial to occur as it was described here. Yet the court process does not always move forward so predictably.


For example, you may be called on the stand by the defense to serve as a witness in your own case. As stressful as this seems, you can prepare for this option ahead of time.


There are all sorts of factors impacting how a case will play out. This is why it is so important to get in touch with a personal experience attorney. Their knowledge and experience will prepare you for the trial process — no matter what the case may entail. 

Understanding Comparative Negligence in Personal Injury Cases in Missouri

February 21, 2025
Learn how Missouri’s comparative negligence rule affects personal injury claims. Even if you are partially at fault, you may still recover compensation. Allen Injury Law, LLC can help maximize your claim. Contact us today!

How Is Compensation Calculated in a Missouri Workers’ Compensation Case?

January 31, 2025
How Is Compensation Calculated in a Missouri Workers’ Compensation Case?

Who Can File a Wrongful Death Lawsuit in Missouri?

December 2, 2024
Who Can File a Wrongful Death Lawsuit in Missouri?

What is the Statute of Limitations for a Missouri Workers’ Compensation Claim?

October 31, 2024
What is the Statute of Limitations for a Missouri Workers’ Compensation Claim?

Bicycle Accidents in Missouri: What Cyclists Need to Know

October 1, 2024
Bicycling is a popular mode of transportation and recreation in Missouri, but it comes with significant risks. Bicycle accidents can result in severe injuries, costly medical bills, and long-term physical and emotional consequences. Understanding the legal rights and responsibilities of cyclists, as well as what to do if you are involved in an accident, is essential for staying safe on the road. In this post, we’ll explore the common causes of bicycle accidents in Missouri, the state’s laws regarding cycling, and what steps to take if you’re injured in a bicycle accident. Common Causes of Bicycle Accidents in Missouri Bicycle accidents can occur for a variety of reasons, often due to the negligence of other drivers or unsafe road conditions. Some of the most common causes include: Driver Inattention or Distraction Distracted driving is a leading cause of bicycle accidents. Drivers who are texting, talking on the phone, or otherwise not paying attention may fail to see cyclists, resulting in dangerous collisions. Failure to Yield Right of Way Many drivers do not understand that cyclists have the same rights to the road as motor vehicles. When drivers fail to yield at intersections or when turning, it can lead to serious accidents. Unsafe Lane Changes Motorists sometimes change lanes without checking for cyclists or fail to provide adequate space, causing side-swiping accidents. Dooring “Dooring” happens when a parked vehicle’s occupant opens their door into the path of an oncoming cyclist. This type of accident can cause a cyclist to crash directly into the door or swerve into traffic. Speeding and Reckless Driving Speeding drivers are less likely to see cyclists in time to react and are more likely to cause severe injuries in a collision. Poor Road Conditions Potholes, uneven pavement, and debris on the road can pose significant hazards for cyclists, leading to loss of control and accidents. Alcohol or Drug Impairment Drivers under the influence of alcohol or drugs pose a serious risk to all road users, including cyclists. Impaired drivers may have reduced reaction times and impaired judgment, increasing the likelihood of accidents. Missouri Bicycle Laws Every Cyclist Should Know Missouri has specific laws that govern how cyclists and motorists should share the road. Understanding these laws can help prevent accidents and protect your rights if you are involved in a collision. Key Missouri bicycle laws include: Bicycles are Vehicles Under Missouri law, bicycles are considered vehicles, and cyclists have the same rights and responsibilities as drivers of motor vehicles. This means cyclists must obey traffic signals, stop signs, and other rules of the road. Ride on the Right Side of the Road Cyclists must ride as close to the right-hand side of the roadway as safely practicable, except when passing, avoiding obstacles, or preparing for a left turn. Use of Bike Lanes If a designated bike lane is available, cyclists are encouraged to use it, but they are not legally required to do so. Motorists should not drive or park in bike lanes, as this creates hazards for cyclists. Lights and Reflectors Missouri law requires that cyclists riding at night have a white front light visible from at least 500 feet and a red rear reflector or light visible from 600 feet. This is essential for visibility and safety during low-light conditions. Helmet Use While Missouri does not have a statewide helmet law for cyclists, many municipalities have local ordinances requiring helmets for minors. Regardless of the law, wearing a helmet significantly reduces the risk of serious head injuries in an accident. Riding Two Abreast Cyclists are permitted to ride two abreast in the same lane, but they should not impede the normal and reasonable flow of traffic. Prohibition on Holding onto Motor Vehicles Cyclists are prohibited from attaching themselves or their bicycles to a moving vehicle on the road. What to Do If You’re Involved in a Bicycle Accident in Missouri If you are involved in a bicycle accident, it’s crucial to take the right steps to protect your health and legal rights. Here’s what to do immediately following a collision: Seek Medical Attention Your health and safety are the top priority. Even if you don’t think you’re seriously injured, seek medical attention as some injuries may not be immediately apparent. Contact Law Enforcement Call the police and report the accident. An officer will document the scene and file a report, which can be crucial evidence for your claim. Exchange Information Exchange contact and insurance information with the driver involved. If there are any witnesses, obtain their contact information as well. Document the Scene Take photos of the accident scene, your bicycle, the vehicle involved, any visible injuries, and road conditions. This documentation can help establish liability later. Do Not Admit Fault Be careful not to say anything that could be construed as admitting fault, even if you feel partially responsible. Let the authorities determine liability. Report the Accident to Your Insurance If you have auto insurance or health insurance, report the accident to your provider. They may be able to assist with covering medical expenses and other costs. Consult with an Experienced Attorney Bicycle accident claims can be complicated, especially when dealing with insurance companies and establishing fault. An experienced personal injury attorney can help you understand your rights and pursue compensation for your injuries, medical bills, lost wages, and other damages. Understanding Fault and Liability in Bicycle Accidents Missouri follows a pure comparative fault system, which means that each party involved in an accident can be assigned a percentage of fault. Even if a cyclist is partially at fault, they may still recover compensation. However, the amount of compensation will be reduced by the percentage of fault attributed to the cyclist. For example, if a cyclist is found to be 20% at fault and the damages are $50,000, the cyclist would be eligible to receive 80% of the total, or $40,000. Compensation for Bicycle Accident Victims If you’ve been injured in a bicycle accident due to someone else’s negligence, you may be entitled to compensation for: Medical Expenses: Including emergency room visits, surgeries, rehabilitation, and ongoing medical treatment. Lost Wages: Compensation for lost income if your injuries prevent you from working. Pain and Suffering: Damages for the physical pain and emotional suffering caused by the accident. Property Damage: Costs associated with repairing or replacing your bicycle and any other damaged property. How Allen Injury Law Can Help Bicycle accidents can result in serious injuries and complex legal battles. At Allen Injury Law, we understand the unique challenges that cyclists face and are dedicated to helping injured victims pursue the compensation they deserve. We can guide you through the legal process, deal with insurance companies on your behalf, and fight for your rights every step of the way. ļ»æ If you’ve been injured in a bicycle accident in Missouri, contact us today for a free consultation. We are here to listen to your story, answer your questions, and provide the legal support you need to get back on the road to recovery.

Understanding the Statute of Limitations for Car Accidents in Missouri

September 1, 2024
Understanding the Statute of Limitations for Car Accidents in Missouri

How a Workplace Injury Attorney Can Help You in Missouri

July 31, 2024
Injured on the job in Missouri? Allen Injury Law can provide the legal assistance you need. This blog post explains the crucial role of a workplace injury attorney, detailing how they can help you secure compensation, navigate workers' compensation claims, and protect your rights.

Understanding the Statute of Limitations for a Missouri Motorcycle Accident

June 29, 2024
Understanding the Statute of Limitations for a Missouri Motorcycle Accident

Understanding Compensation Calculation in Missouri Truck Accidents

May 31, 2024
Understanding Compensation Calculation in Missouri Truck Accidents

Why You Need a Medical Malpractice Attorney in Missouri

April 26, 2024
Dealing with the aftermath of medical malpractice can be overwhelming and frustrating. Whether you or a loved one has been a victim of negligence by a healthcare provider, it's important to seek justice and compensation for the harm caused. In Missouri, having a skilled medical malpractice attorney on your side can make all the difference in helping you navigate the legal complexities and ensuring your rights are protected. Understanding Medical Malpractice Laws in Missouri Medical malpractice cases in Missouri are governed by specific laws that determine how these cases are handled. It's crucial to have an attorney who is well-versed in these laws and knows how to build a strong case on your behalf. From gathering evidence to negotiating with insurance companies, an experienced attorney can guide you through the legal process every step of the way. Holding Healthcare Providers Accountable When medical professionals fail to provide adequate care or make critical errors that result in harm to patients, they must be held accountable for their actions. A medical malpractice attorney can help you hold negligent healthcare providers accountable for their actions and seek compensation for damages such as medical expenses, lost wages, pain and suffering, and more. Advocating for Your Rights Navigating a medical malpractice case can be complex and emotionally draining. Having a compassionate attorney by your side who understands the challenges you're facing can provide much-needed support during this difficult time. Your attorney will advocate for your rights and work tirelessly to ensure that you receive fair compensation for the harm caused by medical negligence. Building a Strong Case To successfully pursue a medical malpractice claim in Missouri, you need to build a strong case supported by evidence of negligence or wrongdoing on the part of healthcare providers. An experienced attorney will conduct thorough investigations, consult with expert witnesses, and gather relevant documentation to strengthen your case and increase your chances of securing a favorable outcome. Seeking Justice and Closure Ultimately, seeking justice and closure after experiencing medical malpractice is essential for moving forward with your life. A skilled medical malpractice attorney will fight tirelessly on your behalf to ensure that those responsible are held accountable for their actions and that you receive the compensation you deserve. By working with an attorney who is dedicated to protecting your rights, you can focus on healing and rebuilding your life after this challenging experience. If you or a loved one has been a victim of medical malpractice in Missouri, don't hesitate to seek legal guidance from an experienced attorney who specializes in handling these types of cases. By having a knowledgeable advocate on your side, you can rest assured knowing that someone is fighting for justice on your behalf while you focus on healing and recovery. Remember, you don't have to face this difficult situation alone – reach out to a trusted medical malpractice attorney today for support.
More Posts
Share by: