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General Trial Strategies for Personal Injury Cases

Posted by T. Jake HinkinsJun 19, 20230 Comments

The trial strategy in a personal injury case will depend on the specific facts and circumstances of the case. However, here are some general strategies that personal injury attorneys may use during a trial:

1. Establishing fault: In a personal injury case, the plaintiff (the injured party) must prove that the defendant (the party being sued) was at fault for their injuries. The attorney will work to establish fault by presenting evidence, such as witness testimony, expert opinions, and physical evidence.

2. Demonstrating damages: The plaintiff must also prove that they suffered damages as a result of their injuries. This can include medical bills, lost wages, and pain and suffering. The attorney will work to demonstrate damages by presenting evidence, such as medical records and bills, employment records, and testimony from the plaintiff and other witnesses.

3. Jury selection: The attorney will work to select a jury that is impartial and sympathetic to the plaintiff's case. This may involve asking potential jurors about their experiences with personal injury cases and their attitudes towards the legal system.

4. Opening statement: The attorney will make an opening statement to the jury, outlining the key arguments and evidence in the case.

5. Direct examination: The attorney will question witnesses who support the plaintiff's case, such as medical experts, eyewitnesses, and the plaintiff themselves.

6. Cross-examination: The attorney will question witnesses who support the defendant's case, such as expert witnesses hired by the defense.

7. Closing argument: The attorney will make a closing argument to the jury, summarizing the key arguments and evidence in the case and urging the jury to find in favor of the plaintiff.

The specific trial strategy will depend on the unique facts and circumstances of the case. A skilled personal injury attorney will tailor their strategy to the particular needs and strengths of the case in order to achieve the best possible outcome for their client.