The General Steps of a Car Accident Injury Trial

In the vast majority of cases of car accident lawsuits, both parties usually avoid trial by settling the case with the assistance from their respective attorneys. This happens when the claimant party, or injured victim, agrees to a settlement offered by the opposing party’s insurance carrier. However, if both parties cannot come to a settlement agreement, the case will go to trial. Trials are serious matters, which is why it is vital to always have private personal injury representation as a wrongfully injured victim in Indiana. They can navigate your car accident case every step of the way.

For a better understanding of what this might involve, continue below to review the general steps of car accident injury trial.

Car Accident Attorney Indianapolis Indiana 317-881-2700
Car Accident Attorney Indianapolis Indiana 317-881-2700

Car Accident Liability Disputes

In the case of a car accident liability dispute, a claimant has two options for resolution: they can settle with the insurance company or file a personal injury lawsuit. Settling with the insurance company would involve out-of-court settlement negotiations that would take place between the claimant party (injured victim and their legal team) and the insurance carrier.

If the insurance carrier offers a full and fair settlement for the injured victim’s damages and losses, the injured victim might agree to the settlement, and the case can be completed and closed. If the injured victim and their legal team reject the settlement offer by the insurance carrier, they can bring the case to court. At trial, a car accident injury dispute will be heard and decided normally by a jury and rarely by a judge.

Car accident injury cases tend to go to trial because they are high-value, or because they involve complicated factors surrounding liability and causation. It is important to have an experienced Indianapolis car accident lawyer working your case for the best possible chance at recovering the maximum settlement for your damages and losses.

What To Expect at a Car Accident Injury Trial

Your personal injury car accident lawyer will handle every aspect of your case, from start to finish. On your behalf, they will attend every hearing and pretrial meeting representing your best interests. The general phases of a car accident injury trial include discovery, mediation, jury selection, opening statements, presentation of evidence, closing arguments, jury deliberation, and verdict delivery.

Discovery Phase

The discovery phase is a type of pretrial meeting that takes place between the legal team of the claimant party (injured victim) and the legal team of the plaintiff party (insurance company). During this phase, the lawyers will exchange information relevant to the case by means of depositions, interrogatories, or other requests for evidence.

Jury Selection

Following the discovery phase, both the plaintiff and claimant legal teams will interview a panel of potential jurors by asking them several questions. They will need six qualified jurors and one alternate in Indiana.

Opening Statements

Once the trial begins, both sides will make opening statements to the court and jury. These statements outline what the lawyer intends on proving throughout the proceedings.

Presentation of Evidence

During this stage of a car accident injury trial, both legal teams for each side will present the evidence they have that proves their case. Such evidence might include documents, records, witness testimonies, expert testimonies, photographs, videos, receipts, and relevant evaluations.

Closing Arguments

Towards the end of the trial, after all evidence has been presented and argued, the claimant’s lawyer and the plaintiff’s lawyer will make closing arguments. These are similar to opening statements in that they summarize all facts and testimony presented and proved throughout the trial.

Jury Deliberations

During this phase of a car accident trial, the jury will deliberate and ultimately decide whether the claimant met their burden of proof or not.


After the jury and judge decide that the claimant party did meet their burden of proof and therefore the opposing party’s liability in the case, they will be award financial compensation. If the judge and jury decide that the claimant party failed at meeting this burden, the case will be closed, and they would receive no compensation.

Are you ready to discuss the legal options you have surrounding your recent and wrongful car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your car accident injury lawsuit in Indianapolis, Indiana. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana. We also represent Hoosiers who were injured and the Estates of persons wrongly killed in other states.

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4 Reasons Why Many People Avoid Taking Their Claim to Trial

If you are not pleased with the settlement offered to you, it is possible to take your claim to trial. However, there are some good reasons why many people avoid this route, and choose to settle out of court instead. Continue reading to learn the top 4 reasons why you may not want to take your personal injury claim to trial.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

There are various factors that influence the outcome of a settlement. Whether a claim is settled out of court or goes to trial depends on many details of a particular case. For most plaintiffs, a personal injury lawyer assists with this part of the process. They are prepared to go to court for their clients, but do everything in their power to avoid it and settle out of court instead. There are many reasons for this strategy, but the top four most common reasons why plaintiffs avoid trial is due to 1) the possibility of losing, 2) the additional legal costs, 3) postponement of compensation, and 4) the possibility of multiple appeals.

You Might Lose

The possibility of losing may be the number one reason why many people prefer to settle out of court, both plaintiffs and defendants. If you disagree on a settlement, there is the inherent risk of losing your chance at any amount of compensation by choosing to take it to trial. Likewise, defendants are at risk of having to pay out much more than they could have if they had offered a better settlement before the claim went to trial.

Added Legal Costs

When clients choose to deny the settlement offered by the opposing party, and choose to take their claim to trial, there will indeed be more out-of-pocket legal costs. Although personal injury lawyers usually work on a contingency-fee basis, clients are still obligated to pay all other legal costs, such as filing fees, court costs, expert testimonies, and more. If you go to trial, you can expect to continue paying these additional fees.

Postponed Compensation

Many people are turned off by the idea of taking their claim to trial because their payment of compensation will be delayed. By accepting the settlement offered, clients can immediately receive their money and pay off their outstanding debts that accumulated as a result of their accident. Also, many people cannot afford to take their claim to trial for the reason of postponed compensation and added legal costs.

Dealing With Appeals

By accepting a settlement out of court, a binding contract between both parties guarantees closure to the case. However, if you take your claim to court, not only is there a chance you can lose, if you win, you could get stuck dealing with a lengthy appeals process. This can get quite expensive, and sometimes, people simply run out of money to continue fighting appeal after appeal.

If You Must Go To Trial…

Sometimes, there is simply no other option than to take your claim to trial. In this case, you would need to make sure you have an experienced and qualified personal injury lawyer on your side, working around the clock to ensure you receive a full and fair settlement.

Indianapolis Personal Injury Lawyers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned personal injury lawyer in Indianapolis, Indiana. We work around the clock to make sure we recover the full and fair compensation you deserve after sustaining serious injuries in an accident that was not your fault. Call 317-881-2700 to schedule a free initial consultation with an experienced Indianapolis personal injury lawyer, today.