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Taking a Case to Trial: What Happens When Personal Injury Claims Go to Court | Kubota & Craig

Taking a Case to Trial: What Happens When Personal Injury Claims Go to Court

Taking a case to trial: what happens when a case goes to court

As a personal injury attorney at Kubota & Craig in Irvine, CA, I often encounter clients who wonder what happens when their personal injury claims lead to a courtroom battle. While many personal injury cases are resolved through negotiations or settlements, some situations necessitate taking the case to trial. In this blog post, I’ll provide insights into the process of taking a personal injury case to court, shedding light on what you can expect.

When Does a Personal Injury Case Go to Trial?

Before diving into the trial process, it’s essential to understand when a personal injury case may end up in court. While most cases are settled out of court, the following scenarios may lead to a trial:

  • Disagreement on Liability: If the parties involved cannot agree on who is at fault for the accident, a trial may be necessary to determine liability.
  • Disputes Over Damages: In cases where there is a significant disagreement regarding the extent of damages, a trial can help assess the appropriate compensation.
  • Unsuccessful Negotiations: Failed negotiations with the insurance company or opposing parties can result in taking the case to court.
  • Complex Legal Issues: Some cases involve intricate legal questions that can only be resolved through the court system.

The Trial Process

When a personal injury case goes to trial, it typically involves several stages. While each case is unique, the following steps provide a general overview of what to expect:

1. Filing the Lawsuit

The first step in taking a case to trial is filing a formal lawsuit in court. This initiates the legal process and officially notifies the defendant (the party being sued) of the legal action.

2. Pretrial Procedures

Before the trial begins, both parties engage in a series of pretrial procedures. This includes gathering evidence, conducting depositions, and exchanging information relevant to the case.

3. Jury Selection

In cases that involve a jury trial, the attorneys for both sides participate in the selection of jurors. Each attorney has the opportunity to question potential jurors to ensure a fair and impartial jury is chosen.

4. Opening Statements

Once the jury is selected, both sides present opening statements. These statements provide an overview of the case and the arguments each side will make during the trial.

5. Presentation of Evidence

During the trial, both parties present their evidence and call witnesses to testify. This stage involves the examination and cross-examination of witnesses, as well as the introduction of documents and other exhibits.

6. Closing Arguments

After all evidence has been presented, both sides deliver closing arguments. These arguments summarize the case and attempt to persuade the jury to rule in their favor.

7. Jury Deliberation and Verdict

Following closing arguments, the jury deliberates and reaches a verdict. In some cases, the judge may render a verdict if the case is a bench trial (no jury).

8. Post-Trial Motions and Appeals

After the trial, either party may file post-trial motions or appeals, seeking to challenge the verdict or specific legal issues in the case.

Why You Need a Personal Injury Attorney

Participating in a personal injury trial can be complex and overwhelming, especially for individuals without legal experience. Here’s why hiring a personal injury attorney is crucial when your case goes to court:

1. Legal Expertise

Personal injury attorneys have a deep understanding of personal injury law and courtroom procedures. They can navigate the complexities of your case, ensuring you have a strong legal advocate.

2. Building a Strong Case

Your attorney will gather and present evidence effectively, build a compelling argument, and cross-examine witnesses to strengthen your case.

3. Negotiation Skills

Even during trial, negotiations may still occur. Your attorney can engage in settlement discussions if it’s in your best interest.

4. Protecting Your Rights

Your attorney will ensure your rights are upheld throughout the trial, preventing any legal missteps that could harm your case.


While personal injury cases often reach a resolution without going to trial, understanding the trial process is crucial. If your case does end up in court, having an experienced personal injury attorney by your side can make all the difference. If you’re facing the prospect of a personal injury trial in Irvine, CA, contact Kubota & Craig today. We are committed to fighting for your rights and securing the compensation you deserve. Learn more about our firm here.


  • Disclaimer: The legal information presented in this article should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.
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Josie FlemingJosie Fleming
03:58 31 May 23
I had the misfortune of being in a car accident near the Irvine Spectrum Center last year, but the amazing team at Kubota & Craig turned my luck around. They were friendly and helpful from day one, and thanks to their diligence, I received a great settlement. My family and I are truly happy with the results. Highly recommended.
Jayne PetersonJayne Peterson
12:52 21 May 23
Having been involved in my first car accident, I was feeling very stressed about it. But after searching for car accident lawyers in Irvine and speaking with Yoshi Kubota, I was definitely feeling better about what lie ahead of me. I had full confidence in their ability to get me the maximum amount possible in my situation. Even though they are a very busy firm, they always took the time to answer my questions and address my concerns. I'm so glad I went with this law firm. If you're in need of a car accident lawyer in Irvine, I highly recommend them for their expertise and exceptional service.
Elaine WrightElaine Wright
15:13 20 May 23
If you're in need of the best car accident lawyers in Orange County, California, look no further than Kubota & Craig. They provided top-notch service, and although I wouldn't wish an accident on anyone, I highly recommend them to represent you. Their team was great, and I was always so impressed with Yoshi who handled my case. He got me a fantastic result and was a class-act every step of the way.
Carmen SimpsonCarmen Simpson
05:40 19 May 23
As a satisfied client of Kubota & Craig, I highly recommend their services for anyone in need of an Orange County car accident lawyer. Yoshi and Cynthia's team were exceptional in handling my complex case with the utmost professionalism and efficiency. Throughout the process, they were always available to answer any questions or concerns I had, providing me with much-needed peace of mind. Dealing with insurance adjusters can be a daunting task, but Kubota & Craig made it stress-free. From start to finish, their dedicated team worked tirelessly to ensure that my case was resolved in my favor. I'm grateful for their assistance and thankful to have had such a great group of people by my side during this difficult time. For anyone seeking a reliable car accident lawyer in Orange County, I highly recommend Kubota & Craig.
Vickie StanleyVickie Stanley
09:56 18 May 23
Kubota & Craig provided excellent service as my car crash lawyer. They handled both my case professionally, efficiently, and honestly, helping me get the medical attention I needed and resolving issues with car insurance. The team kept us informed throughout the process and addressed any concerns. I highly recommend their firm.
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