How to Prepare for a Personal Injury Trial in Texas

In Texas, trials are governed by the Texas Rules of Civil Procedure, and personal injury cases can be heard in either state district courts or county courts. The trial process typically includes several stages, which are as follows:

1. Jury Selection (Voir Dire): Selecting a jury to hear the case. During this stage, attorneys from both sides question potential jurors to determine their suitability and impartiality.
2. Opening Statements: After jury selection, both sides present their opening statements. This is where attorneys outline the facts of the case and the evidence they plan to present.
3. Presentation of Evidence: The plaintiff’s attorney presents evidence, including witness testimony, documents, and expert opinions, to prove that the defendant’s negligence caused the injury. The defense will also present its evidence to dispute the claims.
4. Witness Testimony and Cross-Examination: Witnesses, including the plaintiff and possibly medical experts, testify. Both sides can cross-examine each other’s witnesses.
5. Closing Arguments: After all the evidence is presented, both sides make their closing arguments, summarizing their case and trying to persuade the jury.
6. Jury Deliberation: The jury reviews the evidence and arguments and reaches a verdict.
7. Verdict and Judgment: The jury decides on liability and, if applicable, the amount of compensation to be awarded. Sometimes, the judge may determine the verdict instead of a jury.

• Medical Records: Include detailed documentation of your injuries, treatments, medical bills, and any prognosis for long-term recovery. These records should be presented in chronological order.

• Accident Reports: Police or accident reports that outline the details of the incident can be powerful pieces of evidence.

• Photographs and Videos: Pictures or videos of the accident scene, injuries, and property damage can help illustrate what happened.

• Witness Statements: Obtain statements from witnesses who can corroborate your events.

• Expert Testimony: Medical experts, accident reconstruction specialists, or economic experts may be called upon to testify about how the accident occurred and the impact of the injuries.

• Proof of Lost Wages: Document any wages or income lost due to your injury.

• Case Strategy: Understand the overall strategy for presenting your case. Discuss the strengths and weaknesses of your claim and how the evidence will be used to support your arguments.

• Legal Procedures: Your lawyer will explain courtroom procedures and what to expect on trial day. This includes jury selection, witness questioning, and legal objections.

• Testimony Preparation: Your lawyer will help you prepare your testimony. They will review any questions you may be asked during direct and cross-examination.

• Settlement Options: Sometimes, settlement negotiations can continue until the trial. Discuss whether any last-minute settlement offers should be considered.

• Be Honest and Factual: Stick to the facts and avoid exaggerating your injuries or the accident’s events. Credibility is critical, and juries can be skeptical of over-dramatized statements.

• Rehearse with Your Attorney: Practice answering potential questions with your attorney. They will ask you both direct questions (to which you will give your initial testimony) and prepare you for cross-examination questions, which may be more challenging.

• Remain Calm and Composed: Cross-examination can be stressful, but remaining calm and composed is essential. Opposing counsel may try to provoke emotional reactions or catch you in inconsistencies. Stay focused and answer questions calmly.

• Avoid Speculation: If you don’t know the answer to a question, it’s okay to say so. Avoid guessing or speculating about facts you are unsure of.

• Medical Experts: Doctors, surgeons, or rehabilitation specialists can testify about the extent of your injuries and the treatments you’ve received. They can also offer an expert opinion on your long-term prognosis and how the injury will affect your life.

• Accident Reconstruction Experts: These professionals use physical evidence and scientific principles to recreate how the accident occurred. Their testimony can provide crucial insights into how the defendant’s negligence led to the accident.

• Economic Experts: If your injury has resulted in lost wages or reduced earning capacity, economic experts can calculate the financial impact and present this information to the jury.