What to Expect During a Personal Injury Trial

May 12, 2023 · 7 min read

A personal injury trial is a legal proceeding in which a plaintiff seeks compensation for injuries sustained in an accident or incident caused by the negligence or wrongful actions of another person or entity. Personal injury cases can arise from a variety of accidents, including car accidents, slips and falls, medical malpractice, and product liability.

If you have been involved in a personal injury case, you may be wondering what to expect during the trial. Personal injury trials can be complex and intimidating, but having an understanding of the process can help you feel more prepared. Here's what you can expect during a personal injury trial:

Jury Selection

The first step in a personal injury trial is jury selection. During this process, potential jurors are questioned by both sides to determine if they have any biases or prejudices that could affect their ability to be impartial. Once the jury is selected, the trial can begin.

Jury selection is an important part of any personal injury trial. It is the process by which the attorneys for both sides choose the members of the jury who will hear the evidence and decide the outcome of the case. In New York, a personal injury trial jury typically consists of six jurors and one or two alternate jurors.

The purpose of jury selection is to ensure that the jury is fair and impartial and that the members of the jury can listen to the evidence and make a decision based on the law and the facts presented at trial. During jury selection, both the plaintiff's and defendant's attorneys will have the opportunity to question potential jurors and determine if they are suitable to serve on the jury.

Opening Statements

The next step in the trial is the opening statements. This is when each side presents their case and lays out what they plan to prove during the trial. The plaintiff's attorney will present their argument first, followed by the defense attorney.

Opening statements are an important opportunity for the attorneys to present their case to the jury and set the stage for the rest of the trial. While opening statements are not evidence and cannot be used to prove the case, they can have a significant impact on the jury's perception of the case and the parties involved. Therefore, it is essential for the attorneys to carefully prepare and deliver a compelling opening statement that highlights their case's strengths and weaknesses.

Presentation of Evidence

After opening statements, both sides will begin presenting evidence to support their case. This may include testimony from witnesses, medical records, and other documents. The plaintiff's attorney will present their case first, followed by the defense attorney. Each side will have the opportunity to cross-examine the other side's witnesses.

The types of evidence presented in a personal injury trial can vary widely depending on the specific case, but generally include witness testimony, medical reports, photographs, videos, and any other documentation that supports the plaintiff's claims. The evidence is typically presented in a sequential manner, with each witness or piece of evidence building on the previous one to create a comprehensive picture of the case.

The presentation of evidence is governed by strict rules of evidence, which are designed to ensure that the evidence presented is reliable and relevant to the case. For example, hearsay evidence, which is testimony based on something the witness heard from someone else, is generally not admissible unless it falls within a specific exception to the rule.

Closing Arguments

Closing arguments are a critical part of a personal injury trial, and they offer the attorneys for both the plaintiff and the defendant an opportunity to summarize the evidence presented at trial and persuade the jury to rule in their favor.

During closing arguments, each attorney will have a chance to speak directly to the jury and provide a summary of the evidence presented during the trial. They will also have an opportunity to make their final arguments and explain why the jury should rule in favor of their client.

Closing arguments can also be used to appeal to the emotions of the jury and provide a compelling narrative that makes a strong case for why their client should win. The attorneys may use powerful language, vivid descriptions, and dramatic pauses to make their arguments more memorable and persuasive.

Once both attorneys have completed their closing arguments, the judge will provide the jury with instructions on how to deliberate and reach a verdict. The jury will then begin their deliberations, which may take several hours or even several days, before reaching a final decision.

Jury Deliberation

During jury deliberation, the jurors will review all the evidence presented at trial, including witness testimony, medical reports, and any other evidence submitted by the attorneys. They will also discuss the arguments made by the attorneys during closing statements and may ask for clarification from the judge on any legal points or instructions they are unsure of.

It is important to note that the deliberation process is confidential, and jurors are not allowed to discuss the case with anyone outside of the jury room. They must also keep an open mind and base their decision solely on the evidence presented at trial and the instructions given by the judge.

Once the jury has reached a verdict, they will notify the court, and the judge will call the attorneys and the parties involved in the case back into the courtroom to read the verdict. The verdict will typically be read aloud by the judge, and the jurors will be polled to confirm that they agree with the decision.

Verdict

A verdict in a personal injury trial is the decision made by the jury regarding the outcome of the case. It is the jury's determination of who is at fault, the extent of damages, and the amount of compensation that the injured party should receive.

After the trial has concluded and the jury has heard all of the evidence and testimony, they will be instructed by the judge to deliberate and reach a verdict. The jurors will consider the evidence presented at trial, including witness testimony, medical reports, and other evidence, in order to determine who is responsible for the plaintiff's injuries and to what extent.

It's important to note that a verdict in a personal injury trial is not always the final outcome of the case. Either party may appeal the verdict if they believe that there was an error in the trial or that the verdict was unjust. However, appeals are usually difficult to win, and the decision of the trial court is given great deference by the appellate court.

Why is a Personal Injury Trial Important?

A personal injury trial allows the injured party to seek justice and hold the responsible party accountable for their actions. If someone's negligence or wrongful conduct caused you harm, a trial provides an opportunity for you to make your case in a court of law and potentially receive compensation for your injuries.

Additionally, a personal injury trial can help establish legal precedents that can help prevent similar accidents or injuries from occurring in the future. By holding negligent parties accountable, personal injury trials serve as a deterrent and promote greater safety in society.

It's important to note that not all personal injury cases go to trial. Many cases are settled out of court through negotiations between the injured party and the responsible party's insurance company. However, having an experienced personal injury attorney on your side can help ensure that you receive fair compensation for your injuries, whether through a settlement or trial.

MMS Personal Injury Attorneys

A personal injury trial can be a complex and lengthy process. However, with the help of an experienced personal injury attorney, you can feel more confident and prepared. If you have been involved in a personal injury case, contact Miller, Montiel & Strano, P.C. today to schedule a consultation with one of our experienced personal injury attorneys. We will help you understand the process and fight for the compensation you deserve.

Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.

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Jul 08, 2025 in Personal Injury

5 Most Dangerous Intersections in Long Island for Car and Pedestrian Accidents

Car crashes, truck collisions, and pedestrian accidents are all too common on Long Island—and certain intersections pose a greater danger than others. A Newsday investigation identified key hotspots in Nassau and Suffolk Counties where fatal and serious injury collisions occur more frequently than anywhere else. Whether you’re driving, walking, or biking, knowing which intersections to avoid can help reduce your risk of being injured in a crash. At Miller, Montiel & Strano, we’ve represented countless victims injured at these very locations, and we’re here to help you understand where the risks are—and what your legal options may be. Top 5 Most Dangerous Intersections in Nassau and Suffolk Counties 1. Old Country Road and Broadway – Hicksville This intersection sees a high number of pedestrian accidents. The multi-lane crossing exposes walkers to high-speed traffic for longer durations. Drivers often race through yellow lights, increasing the danger for pedestrians. 2. Jackson Street and North Franklin Street – Hempstead Ranking second in pedestrian crashes, this intersection—along with the nearby crossing at North Franklin and Front Street—has become a hotspot for pedestrian injuries. Poor visibility and traffic congestion play a major role. 3. Straight Path and Sunrise Highway – Lindenhurst This intersection recorded the highest number of people killed or seriously injured in a 10-year study. The mix of high speeds, left-turns, and frequent U-turns creates a dangerous environment for everyone on the road. 4. Old Nichols Road and Veterans Memorial Highway – Islandia The Central Islip Fire Department responds to 30 to 50 accidents a year at this site. The area’s layout, heavy truck traffic, and lack of driver awareness all contribute to frequent collisions. 5. Route 347 and Nicolls Road – Centereach / Lake Grove / Stony Brook This busy intersection is known for multi-vehicle crashes, often involving trucks. Its size, complexity, and heavy volume make it especially risky. Why Are These Long Island Intersections So Dangerous? Several common factors make these intersections more hazardous than others: Multiple Lanes & Long Crosswalks: Longer exposure time for pedestrians. High Traffic Volume: More vehicles lead to more opportunities for conflict. Frequent Turning Vehicles: Left turns and U-turns often result in collisions. Speeding & Aggressive Driving: Drivers rushing through intersections contribute to more severe accidents. Distracted Driving: Cell phone use and lack of attention are major issues on Long Island roadways. How to Protect Yourself Whether you’re driving or walking, use extra caution at these intersections: Pedestrians: Use crosswalks, obey signals, and make eye contact with drivers. Drivers: Yield to pedestrians, avoid distractions, and never rush yellow lights. Cyclists: Wear visible clothing and follow the same rules of the road as motor vehicles. Injured in a Crash at a Dangerous Long Island Intersection? If you or a loved one was injured at one of these or any other intersections on Long Island, the attorneys at Miller, Montiel & Strano can help. We’ve recovered compensation for clients injured in car, truck, pedestrian, and bicycle accidents throughout Nassau and Suffolk Counties. You may be entitled to compensation for: Medical expenses Lost income Pain and suffering Permanent disability Property damage Don’t try to navigate insurance companies or legal claims alone. Our legal team is ready to stand by your side, investigate your case, and pursue full and fair compensation on your behalf. Contact Miller, Montiel & Strano Today for a Free Consultation We understand the toll an accident can take. If you’ve been hurt at a dangerous intersection in Long Island, call Miller, Montiel & Strano today for a free, no-obligation consultation. We’re here to help you move forward. Call 516-363-5003 or visit https://www.mmspersonalinjurylawyers.com/ Frequently Asked Questions Q: What should I do after an accident at a Long Island intersection? A: Call 911 if you’re injured, seek medical care, take photos of the scene if possible, and contact an experienced car accident attorney like Miller, Montiel & Strano to protect your legal rights. Q: Who is liable in an intersection accident? A: Liability may fall on a negligent driver, a government entity responsible for poor road design, or even multiple parties. We conduct a thorough investigation to determine fault. Q: How long do I have to file a claim in New York? Time periods depend on the type of claim and the parties involved. Therefore, it is best to contact a car accident attorney like MMSPC as soon as possible after the crash.

Apr 30, 2025 in Personal Injury

Manhattan Parking Garage Collapse Highlights Dangers of Negligent Building Design and Maintenance

Manhattan Building Collapse Linked to Faulty Design and Poor Maintenance, Investigation Finds In 2023, tragedy struck in Lower Manhattan when a multi-level parking garage collapsed, killing one person and injuring five others. In the aftermath of the disaster, the City of New York commissioned a forensic engineering investigation to determine what went wrong. The findings are deeply concerning. According to the investigation, the collapse was the result of two major factors: improper building design and ongoing poor maintenance. Shockingly, reports also indicate that unauthorized construction was taking place inside the garage at the time of the collapse — without any permits or safety oversight. Six workers were inside the building when it gave way. All six were injured; one of them tragically died as a result of his injuries. The lives of these individuals and their families were forever altered — not by an unforeseeable accident, but by what appears to be preventable negligence. Negligence in Building Ownership and Maintenance Property owners in New York — and everywhere — have a legal duty to maintain their buildings in a reasonably safe condition. When they fail to meet this duty, and someone is hurt or killed as a result, the law may consider it negligence. Unfortunately, the Manhattan parking garage collapse is just one of many examples where this duty has been ignored. Common causes of preventable building accidents include: Faulty or unsafe structural design Use of cheap, low-quality materials Poor or rushed construction practices Failure to inspect or repair known hazards Inadequate responses to tenant or worker safety complaints Unauthorized or unpermitted renovations General lack of upkeep and neglect over time When these issues are ignored, the results can be catastrophic — including collapsing ceilings, breaking staircases, cracked and lifted sidewalks, falling facades, and structural fires. These are not just violations of safety codes; they are direct threats to human life. Holding Negligent Property Owners Accountable At Miller, Montiel & Strano, P.C., we have extensive experience representing victims of premises liability and building safety failures. We understand the complex nature of these cases, the building codes that apply, and the forensic investigations required to prove liability. Most importantly, we fight to hold negligent parties accountable and help our clients recover the compensation they deserve for medical expenses, lost wages, and pain and suffering. If you or someone you love has been injured due to a building collapse, unsafe property conditions, or any form of property owner negligence, you may have the right to file a personal injury claim. Our team will evaluate your case and explain your legal options — with no obligation and no upfront cost. Contact Miller, Montiel & Strano, P.C. today for a free consultation. Your rights matter — and we're here to protect them.

Mar 31, 2025 in Personal Injury

How Can You Prove Negligence in a Personal Injury Case?

If you have been injured in an accident that was someone else's fault, you may be able to claim compensation for your injuries. The key is proving that the other person was negligent. A New York personal injury lawyer explains what is needed. Duty of Care To prove negligence, you first must show that the defendant had a “duty of care” toward you. This means someone's legal duty to act with reasonable care to prevent harm to someone else. A duty of care is based on the relationship between the parties or the circumstances involved. more For example, a driver is assumed to have a duty of care to everyone else on the road simply by being behind the wheel of a vehicle. The owner of a business has a duty of care to customers and therefore is responsible to make sure their premises are free of hazards. Breach of Duty You must then establish that the duty of care was breached. You must prove that the other person failed to meet their duty, either through their action or their failure to act. Breach of duty is usually measured against what “a reasonable person” would do under similar circumstances. For example, a driver who is distracted or driving recklessly has breached their duty of care to others on the road or to their passengers. A medical professional who failed to follow professional standards would also be considered to have breached their duty of care. Causation It is not enough to prove a duty of care and a breach of that duty. You must then show that the other person's failure directly caused your injuries, property damage, or other losses. You must show that the harm wouldn't have occurred without the other person's negligence. Causation generally falls into two types: cause-in-fact and proximate cause. For cause-in-fact, you must show that the other person's actions were a factual cause of the injury, such as a driver running a red light and hitting a pedestrian. Proximate cause means that the injury was the foreseeable result of the failure in duty. For example, premises that were improperly maintained and led to a slip-and-fall accident. Damages The final element of negligence is actual evidence of the damages caused. Damages encompass both economic and non-economic losses due to the accident. Economic damages include any tangible loss that can be quantified financially, with evidence such as medical bills, bills for repair or replacement of property, and proof of lost wages. Non-economic losses cover those intangible losses you have suffered as a result of the incident. This could include pain and suffering or emotional distress, among others. Evidence from therapists, or even your own personal diaries may help to prove non-economic damages. If you have been injured in an accident caused by someone's negligence, reach out to Miller, Montiel & Strano in Garden City, NY.

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