How do personal injury trials work?

Personal Injury - July 8, 2025

If you were seriously hurt and the insurance company refuses to pay what’s fair, your case might go to court. The process of a personal injury trial can seem overwhelming, especially if you’ve never been to court before.

In a personal injury trial, your lawyer presents evidence to show how the injury happened and what it’s cost you. The other side presents their defense, and a jury decides who’s responsible and how much compensation you should receive.

At Horwitz, Horwitz & Associates, our experienced Gurnee personal injury attorneys have helped injured Illinois workers win against powerful companies. Here’s what you should know before stepping into a courtroom.

Jury selection comes first

The trial begins with jury selection. Both attorneys ask questions to make sure the jury is fair and unbiased. The people picked will decide who’s responsible and whether you deserve compensation. Jurors are chosen from a pool of local residents.

Each side can ask the court to remove certain people if they show signs of bias or can’t serve impartially. The goal is to build a jury that will listen carefully and evaluate your case based on the evidence.

Opening statements set the stage

Next, each side explains what the case is about. Your personal injury attorney will describe how the accident happened, how you were hurt, and what it’s cost you. The defense also shares its version.

Opening statements are your attorney’s chance to walk the jury through what they plan to prove during the trial. They may outline the evidence, list the expert witnesses they’ll call, and explain how the injury has changed your daily life. A strong opening helps frame the entire personal injury case and can shape how the jury views the following testimony and evidence.

Evidence and testimony are presented

Your attorney presents evidence, which might include:

• Photos from the accident scene
• Medical bills and records
• Testimony from doctors, coworkers, or family
• Witness testimony, like a medical specialist or accident reconstructionist

The goal is to prove how the injury happened, how it changed your life, and why the other party should be held responsible.

The defense tells their side

After your attorney rests the case, the defense presents theirs. They might question how the injury happened or whether your treatment was necessary. Your personal injury lawyer can challenge their arguments during cross examination, asking follow-up questions to point out inconsistencies or gaps in their testimony.

Closing arguments summarize the case

Once both sides are done, each attorney gives a closing argument in the personal injury lawsuit claim. This is a final chance to explain the evidence and ask the jury to rule in your favor.

The jury decides

The jury goes into a private room to decide the outcome by following guidelines like the Illinois Pattern Jury Instructions (Civil), which explain how to weigh evidence and decide fault.

If they find the other party responsible, they’ll also decide how much you should receive for your financial and emotional losses.

The jury will decide how much each party contributed to the accident and adjust the award based on those percentages. Illinois law follows a comparative fault rule (735 ILCS 5/2-1116), which means you can still recover compensation even if you were partly at fault, as long as you’re not more than 50% responsible.

Not every case goes to trial, but some need to

Most personal injury claims settle before reaching court. But once you agree to a settlement, you usually can’t take further legal action, so it’s important to understand what’s in an injury release form you’ll be asked to sign.

If your injury came from a traffic crash, our Gurnee car accident attorneys can explain your legal options and help you build a strong case.

How can we help you prepare for a personal injury trial?

Going to court may sound intimidating, but you won’t have to face it alone. Horwitz, Horwitz & Associates has helped working families across Illinois stand up to insurance companies and win meaningful compensation. Call (800) 985-1819 or contact us for a free consultation.