In the event that mediation fails to reach a settlement, the next step is scheduling a trial. It’s important to note that the trial date can be set several months or even a year in advance, which can come as a surprise and lead to frustration for plaintiffs eagerly seeking compensation for their essential medical treatment.

A trial can take place either before a jury, as most people are familiar with, or as a ‘bench trial’ without a jury, where the judge presides over the proceedings. In a jury trial, potential jurors undergo a careful screening process to identify any biases, prejudices, or hostility, which is known as jury selection.

Once the trial begins, both sides present their opening statements to provide a summary of their respective positions on the accident. Witnesses, and at times experts, are called upon to testify and undergo cross-examination. After each side has had the opportunity to present and support their version of events, as well as question the opposing side’s narrative, both attorneys deliver their closing arguments.

Following the closing arguments, the judge provides instructions to the jury on how to approach the case. In a motor vehicle accident lawsuit, these instructions typically include explaining the standard for negligence and how it applies to the specific crash in question. The jury then convenes, deliberates, and ultimately delivers a verdict. While the duration of jury deliberations can vary, the majority of motor vehicle accident jury deliberations are typically concluded within a day or two. However, there have been instances of prolonged and intense deliberations in certain trials.

It’s important to remember that at any stage during the trial, including while the jury is deliberating, a settlement may still be reached. By this point, both parties will have invested significant time and resources into the motor vehicle accident lawsuit process, creating a strong incentive to reach an agreement that satisfies all parties involved.