What Happens If a Case Goes to Trial in Stockton, California?
Most personal injury cases in California settle before anyone ever sets foot in a courtroom. But what happens when they don’t? If negotiations break down or the other side simply refuses to offer fair compensation, a case may need to go to trial. For many people, that prospect feels overwhelming. Understanding what the trial process actually looks like can help you feel more prepared and less in the dark about what to expect.
How Does a Personal Injury Case Get to Trial in Stockton?
Before a trial begins, there is usually a lengthy pre-litigation and litigation phase. After a personal injury claim is filed with the at-fault party’s insurer and negotiations stall, a complaint can be filed in San Joaquin County Superior Court. Once the case is filed, both sides engage in a process called discovery, where they exchange evidence, conduct depositions, and gather information to build their respective arguments. Pretrial motions may also be filed, which can affect what evidence gets heard at trial. If the case still cannot be resolved, a trial date is set.
What Does the Trial Process Look Like?
Under California Code of Civil Procedure Section 607, once a jury has been sworn in, the trial proceeds in a specific order. The injured party’s side presents its case first, followed by the defense. Both sides then have the opportunity to offer rebutting evidence. After the evidence phase concludes, attorneys argue their positions before the jury deliberates.
Here is a general breakdown of what happens during a personal injury trial in Stockton:
- Jury selection: Both sides participate in choosing jurors who will decide the case.
- Opening statements: Each side previews the evidence and tells the jury what they expect to prove.
- Presentation of evidence: Witnesses testify, documents are submitted, and experts may offer opinions on issues like the cause of injuries or the value of damages.
- Closing arguments: Attorneys summarize the evidence and urge the jury to reach a verdict in their favor.
- Jury deliberation and verdict: The jury reviews the evidence privately and reaches a decision, which may include an award of damages.
What Can a Jury Award in a Stockton Personal Injury Case?
If the jury finds in the injured person’s favor, damages can include compensation for medical expenses, lost income, and property losses. They may also include non-economic damages such as pain, suffering, and emotional distress. One important factor to keep in mind is California’s comparative fault rule. Under California Civil Code Section 1714 and the doctrine established in Li v. Yellow Cab Co., even if a person is found partially at fault for their own accident, they may still be able to recover damages, though the amount would be reduced in proportion to their share of responsibility.
It is also worth knowing that trials do not always end in a verdict. Cases can settle at any point during the trial process, including while the jury is deliberating. A settlement at any stage is a possible outcome, even if the case started down the trial path.
Talk to a Stockton Personal Injury Lawyer
Going to trial is a significant step, and it is not one anyone should navigate without experienced legal guidance. At The Law Firm of R. Sam, we are here to help injured people in Stockton understand their options every step of the way. If you or a loved one has been injured and you want to know where your case stands, contact The Law Firm of R. Sam today and speak with our Stockton personal injury attorneys who are ready to fight for you.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=607.