To prepare for a personal injury trial in New York, work closely with your attorney to gather all necessary evidence, including medical records, accident reports, and witness statements. Practice your testimony to clearly explain your injuries and how they have impacted your life. Be prepared for cross-examination by understanding the strengths and weaknesses of your case. Additionally, dress appropriately, arrive early, and follow your attorney’s guidance throughout the trial to ensure the best possible outcome.
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If a fair and full settlement cannot be reached, the New York City personal injury lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. are prepared to take your personal injury case to trial. We are one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients and will thoroughly prepare you for a personal injury trial so you know what to expect.
Steps to Preparing for Trial
Preparing a client for a personal injury trial involves a series of well-organized steps to ensure they are ready to present their case confidently and effectively. Here’s a sequential breakdown of the key steps involved:
Review Case Details and Legal Strategy
Meet with the client to review the facts of the case, evidence collected during discovery, and the overall strategy. Ensure the client fully understands their case, including the strengths, weaknesses, and potential challenges.
Prepare the Client for Testimony
Conduct mock examinations where the attorney asks questions the client will likely face in court. This includes direct examination (by their attorney) and cross-examination (by opposing counsel). Focus on clear, honest, and concise answers.
Review Discovery Materials
Review all evidence, such as medical records, accident reports, photographs, and depositions. Ensure the client is familiar with these materials, as they may be questioned about them during the trial.
Address Client Demeanor and Courtroom Etiquette
Discuss the importance of maintaining a calm and respectful demeanor throughout the trial. Advise the client on appropriate attire, body language, and how to react to questions, especially under pressure.
Prepare for Cross-Examination
Practice handling tough questions from the opposing counsel. The attorney will simulate cross-examination to help the client remain composed and avoid being rattled by aggressive questioning.
Coordinate Witness and Expert Testimonies
If the client’s case involves witnesses or expert testimonies, prepare them to align their statements with the case strategy. Ensure the client understands how this testimony supports their case.
Final Trial Run-Through
If possible, conduct a comprehensive mock trial to simulate the courtroom experience. It helps the client get comfortable with the process, practice answering questions under pressure, and understand the flow of trial proceedings.
Address Any Last-Minute Questions or Concerns
Before the trial, we will meet with you to address lingering concerns, clarify doubts, and reinforce confidence. We will also provide clear instructions on what to expect on the day of the trial. These steps ensure that you are fully prepared, informed, and confident, which can significantly improve your chances of a successful outcome in your personal injury trial.
Why Are Some Personal Injury Cases More Likely to Go to Trial?
In New York, certain types of personal injury cases are more likely to go to trial because they involve complex issues, disputed facts, or significant amounts of money:
For example, slip and fall cases often go to trial because liability may not be clear and heavily disputed. Property owners, insurers, and defendants frequently challenge claims to avoid paying compensation, arguing that they were not negligent or that the injured party was partly or fully responsible for the accident.
Other cases that may go to trial include the following:
- Medical malpractice claims often involve highly technical medical evidence, expert witness testimony, and questions of whether a healthcare provider deviated from the standard of care. Doctors, hospitals, and insurance companies frequently dispute liability and are often unwilling to settle, as admitting fault can have severe financial and reputational consequences. The stakes are high, leading these cases to trial to allow a jury to decide.
- Construction accident cases also frequently go to trial. New York’s labor laws (particularly Labor Law Sections 200, 240, and 241) impose strict liability on property owners and contractors for specific construction site accidents. However, disputes often arise over whether these laws apply, the extent of negligence, or the injured worker’s responsibility. Given the potential for large settlements, defendants are often reluctant to settle without a fight, leading to trials.
- Product liability cases involve injuries caused by defective or dangerous products. They can be complex, requiring extensive expert analysis to prove that the product was defective and caused the injury. Manufacturers and their insurers are often unwilling to admit fault due to the risk of setting a costly precedent, leading to cases being settled in a courtroom.
- Cases involving catastrophic injuries (such as spinal cord injuries, traumatic brain injuries, or amputations) or wrongful death often involve substantial financial compensation for medical expenses, lost earnings, and pain and suffering. Insurance companies are typically reluctant to agree to high settlements, especially if the long-term costs are challenging to quantify.
Ultimately, personal injury cases that involve complex legal issues, substantial damages, or disputed facts are more likely to go to trial in New York, as the parties involved may prefer to let a jury decide the outcome.
Schedule a Free Consultation
If you are looking for trial lawyers who will fight for your legal rights and seek full and just compensation for your injuries, then you have come to the right law firm. Because we understand accidents don’t just happen during business hours, we have lawyers available to assist you 24/7. When you call, you will always speak with one of our experienced NYC personal injury lawyers, who will give you the personalized attention you deserve. Schedule a free, no-obligation consultation today at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
