Understanding What Happens in a Personal Injury Trial 

While most personal injury cases are resolved through settlements, not all of them are. When the other side refuses to offer fair compensation, or when the harm you've suffered deserves to be fully recognized in court, going to trial may be the best, and sometimes the only, option. 

For many personal injury victims, the thought of taking a case to trial can feel intimidating. The courtroom process is unfamiliar, formal, and often emotionally charged. You might be wondering: What happens during a trial? How long will it take? Will I have to speak in front of a jury? 

At the Law Offices of Michelle Choe, you’re never expected to navigate this process alone or without knowledge of how the system works. Ms. Choe prepares every client thoroughly and stands by them at every stage: before, during, and after trial. From gathering the right evidence to building a strong legal strategy, she ensures you're not just represented but empowered throughout the entire process. 

If you’re considering taking your case to court, or want to understand better what that might involve, here’s a clear breakdown of what happens during a personal injury trial, and how Ms. Choe helps protect your rights from start to finish. 

What is a Trial? 

For those unfamiliar with the legal landscape, a trial is a formal legal proceeding in which both sides of a case present evidence and arguments before a judge or jury, who then decide the outcome. In a personal injury trial, this includes proving who was at fault, the extent of the injuries, and what compensation (if any) is owed to the injured party. Unlike a settlement, where both sides agree to resolve the case privately, a trial puts the decision in the hands of the court. Trials are more structured, take longer, and follow strict legal procedures, but they can also result in higher compensation in the end. 

When Do Cases Typically Go to Trial? 

Cases often head to court when the insurance company refuses to offer a fair settlement, disputes who was at fault, or questions the severity of the injuries. Claims involving serious or permanent injuries, significant financial losses, or punitive damages also tend to move toward trial. Additionally, cases involving multiple parties, such as multi-car accidents or incidents with commercial defendants, often require formal litigation to sort through the legal complexities. In these situations, Ms. Choe is fully prepared to fight for her clients in court to ensure they receive the justice and compensation they deserve. 

What’s Involved if a Case Goes to Trial? 

A trial is a formal legal process in which the facts of your case are presented in court, and a decision is made by either a judge or a jury, typically a jury in personal injury cases. Trials are more complex and time-consuming than settlements, and they often involve greater stress and uncertainty. However, they can also result in higher compensation, especially when the insurance company refuses to settle fairly. 

Once your case moves to trial, Ms. Choe becomes your legal representative in court, presenting your story with compelling evidence, expert testimony, and legal arguments aimed at securing the justice you deserve. 

How Is a Trial Different from a Settlement or Arbitration? 

There are some significant differences between taking your case to trial versus settling or going through arbitration: 

• A lawsuit must be formally filed with the court, which is something Ms. Choe will handle on your behalf. This starts the litigation process. 
• The defendant (usually the insurance company’s legal team) has 30 days to respond to the complaint. 
• Once the lawsuit is underway, both sides enter the discovery phase, which typically takes 6 to 12 months. During this time, information, documents, and witness statements are exchanged. 
• After discovery, the court will set a trial date. This is typically at least 18 months after the case was filed. 
• You no longer deal with an insurance adjuster like you would in a settlement case. Instead, you’re up against a defense attorney, who often views your injuries and damages more objectively than an adjuster might, potentially leading to more accurate or higher valuations. 
• Trials can be more expensive and lengthy, but the potential recovery can be significantly greater than a settlement offer. 

What Kind of Preparation Is Required? 

Preparing for trial can seem overwhelming, but with Ms. Choe by your side, it doesn’t have to be. She takes care of every aspect of trial preparation, so you can focus on healing while she focuses on building your case. This includes gathering and organizing all necessary documents and medical records, interviewing witnesses, conducting depositions, consulting with medical or accident experts if needed, and preparing all legal filings and motions. If you need to testify, she will walk you through exactly what to expect and ensure you feel confident and supported. Ms. Choe also develops a compelling case narrative to present to the jury. Although the process is detailed and strategic, her clients feel no added stress because she handles it all. 

Judge or Jury: Who Decides the Case?

Most personal injury trials are jury trials, which means a group of community members will listen to the evidence and decide who is at fault and what compensation you should receive. Jury trials involve additional considerations, including jury fees and the process of jury selection. Still, they also offer the opportunity to tell your story to a group of people who can relate to your experience. 

In some cases, the trial may be heard by a judge alone, known as a bench trial, but this is less common in personal injury cases. 

How Long Before You Actually Go to Trial?

The timeline for going to trial is significantly longer than that of a settlement. Most trial dates are set at least a year and a half after the lawsuit is filed, although this can be longer, depending on the court’s schedule. 

From start to finish, a trial case can take anywhere from 2 to 3 years or more, depending on the case's complexity, the number of parties involved, and the court's availability. 

Why Clients Choose Trial and How Ms. Choe Supports Them 

Although trials are more extended and more demanding, they can be the right path when an insurance company refuses to take your case seriously. Ms. Choe is fully prepared to take cases to trial when needed, and does so with a deep understanding of how to present injury cases to juries effectively. 

From beginning to end, you’re never left to face the process alone. Ms. Choe remains in close contact throughout, keeping you informed, answering your questions, and making sure you feel confident in every decision. 

The Confidence of a Trial-Ready Attorney Behind You  

When a case heads to trial, experience and preparation matter more than ever. At the Law Offices of Michelle Choe, clients don’t just receive legal representation, but they gain a powerful advocate who prepares every case with the precision, care, and strategy necessary to win in court. Ms. Choe approaches every claim as if it will go to trial, even if it ultimately settles, ensuring you are always in the strongest negotiating position possible. 

If you’ve been injured and are unsure whether to settle or pursue litigation, now is the time to get trusted guidance. Schedule a consultation with the Law Offices of Michelle Choe today and gain the clarity, confidence, and legal strength you need to move forward. Whether through a fair settlement or a hard-fought jury verdict, Ms. Choe is committed to securing the outcome you deserve.