The settlement offers weren’t acceptable. Mediation failed. Now you’re heading to trial, where a jury of your peers will decide your fate.
Understanding what happens in a Georgia personal injury trial reduces anxiety and helps you prepare for your role in the process.
Before Trial Begins
Preparation intensifies in the weeks before trial. Your attorney finalizes witness lists, organizes exhibits, and prepares opening and closing arguments.
You’ll meet with your attorney to prepare your testimony. This isn’t coaching you to lie, it’s helping you understand what questions will be asked and how to communicate clearly.
Subpoenas go out to witnesses. Medical records and other exhibits are marked and organized. Motions in limine seek to exclude improper evidence before it reaches the jury.
The night before trial, get sleep. Eat breakfast the morning of. Dress professionally but comfortably. You may be sitting in a courtroom for hours.
Jury Selection
Trial begins with voir dire, the process of selecting jurors. A panel of potential jurors is brought into the courtroom. The judge and attorneys ask questions to identify bias and determine who will serve.
Your attorney looks for jurors likely to be sympathetic to your case. Defense counsel seeks jurors skeptical of personal injury claims. Both sides can remove jurors “for cause” if they can’t be fair, and each side has a limited number of peremptory challenges to remove jurors without stating reasons.
Jury selection can take hours or days depending on case complexity and the size of the jury pool.
Georgia civil juries typically consist of 12 members in Superior Court cases. Alternates may be selected to replace jurors who become unavailable during trial.
Opening Statements
Once the jury is seated, opening statements begin. The plaintiff goes first.
Opening statements preview the evidence. Your attorney tells the jury what happened, what you suffered, and what the evidence will show. This is not argument, it’s a roadmap for the trial ahead.
Defense counsel follows with their opening, previewing their version of events and the evidence they’ll present.
Good opening statements tell a story. They give jurors a framework for understanding the evidence they’re about to hear.
The Plaintiff’s Case
As the plaintiff, you have the burden of proof. You present your evidence first.
Witnesses testify in the order your attorney decides is most effective. You’ll likely be an early witness because the jury needs to hear your story.
Direct examination by your attorney uses open-ended questions. “Tell the jury what happened after the impact.” “Describe how your injuries have affected your daily life.”
Cross-examination by defense counsel follows each witness. The defense attorney will try to challenge your testimony, find inconsistencies, and minimize your damages.
Medical experts explain your injuries, treatment, and prognosis. They connect your current condition to the accident. Economic experts testify about lost wages and future earning capacity.
Documents and photographs come into evidence through sponsoring witnesses. The accident scene photos, medical records, and bills all need someone to authenticate them.
The Defense Case
After the plaintiff rests, the defense presents its case. Defense witnesses may include the defendant, who gives their version of events.
Defense medical experts often provide contrary opinions. They may dispute the severity of injuries, question causation, or suggest you’ve fully recovered.
Defense experts challenge economic calculations. They may argue you can work despite your injuries or that future expenses are overstated.
The defense isn’t required to prove anything. Their goal is to raise doubt about your claims and reduce the damages the jury awards.
Your Testimony
Your testimony is crucial. You’re the only one who truly knows what you experienced.
Stay calm and listen carefully to each question. Answer honestly. If you don’t understand a question, ask for clarification.
Don’t exaggerate. Juries detect overstatement and it damages credibility. Acknowledging good days doesn’t undermine claims about bad days.
During cross-examination, stay composed even if defense counsel is aggressive. Don’t argue or become defensive. Simple, honest answers work best.
If you need a break, ask for one. Courts accommodate reasonable requests.
Closing Arguments
After all evidence is presented, attorneys deliver closing arguments. This is where lawyers argue what the evidence means.
Plaintiff’s counsel summarizes the evidence proving negligence and damages. They suggest specific dollar amounts the jury should award.
Defense counsel argues the evidence doesn’t support the plaintiff’s claims. They may suggest alternative explanations for injuries or argue damages are inflated.
Plaintiff gets a brief rebuttal after defense closes.
Closing arguments are persuasion. Everything presented in evidence can now be argued and characterized.
Jury Instructions
Before deliberation, the judge instructs the jury on the law. Georgia’s pattern jury instructions cover negligence, causation, damages, and comparative fault.
The jury learns they must determine whether the defendant was negligent, whether that negligence caused the plaintiff’s injuries, and what damages resulted.
They’re instructed on Georgia’s 50% bar rule. If they find the plaintiff 50% or more at fault, the plaintiff recovers nothing.
Deliberation and Verdict
The jury retires to deliberate privately. They review evidence, discuss the case, and work toward a verdict.
Deliberation can take hours or days. There’s no way to predict how long.
If the jury has questions, they submit them in writing to the judge. The judge may answer, refer them back to evidence, or tell them to rely on their collective memory.
Georgia civil juries typically must reach a unanimous verdict, though parties can stipulate to non-unanimous verdicts.
When the jury reaches a verdict, everyone returns to the courtroom for announcement. The verdict form specifies whether the defendant was liable and, if so, what damages are awarded.
After the Verdict
A plaintiff’s verdict doesn’t mean immediate payment. The judgment must be entered, and defendants have appeal rights.
Post-trial motions may challenge the verdict. Motions for new trial argue errors warrant a do-over. Motions for judgment notwithstanding the verdict seek to overturn jury findings.
Appeals can delay final resolution for years. Most verdicts are affirmed, but the process adds uncertainty.
Settlement remains possible even after trial. Parties sometimes reach agreements to avoid appeal or reduce uncertainty.
Trial Realities
Most cases don’t go to trial. The vast majority settle before reaching this point.
Trials are unpredictable. Even strong cases can produce disappointing results. Even weak cases sometimes win.
The trial experience is stressful. Hearing your injuries questioned and your character challenged is difficult. But trials provide the opportunity for full compensation when negotiations fail.
Juries generally take their role seriously. They listen to evidence, follow instructions, and try to reach fair decisions.
Understanding the process helps you participate effectively. Your testimony, your demeanor, and your patience all contribute to the outcome.
Trial procedures vary by court and judge. This article provides general information about personal injury trials in Georgia. For specific guidance about trial preparation and what to expect in your case, work closely with your Georgia personal injury attorney.