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If settlement negotiations with the other driver in your car accident case fail, then the matter heads to trial in civil court. You’ve already been waiting weeks, probably months, for the trial date to roll around, and now you want to know how long you’ll be waiting for the car accident trial to conclude.
A car accident trial can last anywhere from a few days to several weeks. The timeline depends on how complex the case is and how much evidence is involved. Talk to an experienced Palm Beach Gardens car accident lawyer about their estimation of the timeline for your trial.
Factors determining how long a car accident trial takes to conclude
Several factors affect how quickly the trial takes, including the complexity of the case and how clear the facts are.
The court schedule
Depending on how full the county court docket is, you could wait months for a trial date to be available. If the next available trial date isn’t for months, your trial judge may order you to mediation to see if you can settle the case sooner.
In fact, it’s pretty common for judges in civil cases to order both parties to mediation, even before scheduling a trial date. It saves all parties time and money, and reduces the demand on civil courts.
How long the pre-trial phase usually takes
Your trial begins with the initial filing of the lawsuit; although most car accident cases are settled out of court, any lawsuit filed potentially ends in a trial. The pre-trial phase takes anywhere from a few months to over a year.
Once the defendant files their response to contest your complaint, the discovery phase begins. Each side exchanges information, deposes witnesses, and gathers evidence.
Many car accidents involve the testimony of expert witnesses; securing these witnesses can take some time, depending on their schedules and how much time they need to study the evidence before rendering their expert opinion.
Each side may file pre-trial motions, which determine what evidence is admitted and excluded, and what is permissible during the trial. If each side files a bunch of motions, the case moves more slowly (each one may require a hearing before the judge), and the case could take a while to reach trial.
How severely the plaintiff is injured
The plaintiff (the injured party who filed the car accident claim) has the right to demand compensation for all necessary medical treatments required for their car accident injuries. If the plaintiff is grievously injured and rendered disabled due to the crash, especially if they cannot live independently and require in-home care or accommodations in a nursing home, then the case will take longer to resolve.
The amount of evidence involved
Some crash claims, especially cases involving multiple parties, have a lot more evidence than others. In complex cases or those with high-value damages, a plaintiff’s attorney will typically present as much evidence as possible.
Each piece of evidence must be introduced to the court. The lawyer must explain to the jury what the evidence is and why it matters. Cases with dozens of pieces of evidence take additional time. And, each side has its own evidence, so when both parties have dozens of items to introduce, the case can easily take a couple of weeks.
The number of witnesses
Each witness may need to be deposed by both sides, which can take a while. Then, each side reviews the deposition transcripts to determine what they can use to their advantage at trial.
The same goes for expert witnesses; each one’s qualifications must be established, then each side deposes the expert.
The trial itself
Trials start with jury selection, which can take as little as a morning or several days. Each side’s personal injury lawyer questions the panel, then selects jurors, one by one. When twelve people are selected (and often, one to three alternates), the trial begins.
- Opening statements: Each side presents an overview of their position and the result they want
- Present evidence
- Question witnesses; then, the other side has an opportunity to cross-examine the witnesses
- Closing arguments: The summation of their case
Then, the jury deliberates. It’s important to note that, unlike criminal cases, in civil trials, only nine out of the twelve jurors must agree to the decision (for the plaintiff or for the defendant).
A trial lasts anywhere from a few days to several weeks, depending on the factors above.
What to do if you’re preparing for trial
Waiting for your car accident case to go to trial can be frustrating, especially when you’re trying to heal and get back to your life. While every trial is different, understanding the timeline and staying prepared can help you feel more in control of the process.
An experienced car accident attorney can guide you through each step, from pre-trial motions to jury deliberation. If you’ve been hit by a negligent driver and need help recovering compensation, an experienced car accident lawyer at Lytal, Reiter, Smith, Ivey & Fronrath is here to support you. Call us today at (561) 655-1990 for a free consultation.