Once your case has been scheduled for trial we will meet with you to discuss the final preparation for presenting your case to a jury. During this time it is very important that you keep us advised of your whereabouts. If you need to go out of town for any reason, please notify our office. Your testimony as well as the testimony of each favorable witness will be outlined and reviewed prior to trial. If there are specific questions that you would like us to ask a witness, please review those with us as we prepare for your jury trial.

It is not unusual for both sides to conduct some final discovery, such as depositions, immediately before trial. As your trial date gets closer, the activity on your case becomes more intense. Rather than calling us with your every thought, please write down your concerns or questions and review those with us on a periodic basis. We encourage your input during this preparation.

You will be expected to attend the entire trial. You should dress conservatively and be on your best behavior during the entire trial. Even when the trial is at recess, you are still being watched by the jurors, the judge, the defense attorneys, and the insurance company representatives. You should not talk with anyone except our office staff during the trial. You should write down your thoughts and questions during the trial and review those with us during recess. The only time that you will be permitted to talk during trial is when you are on the witness stand.

There is a certain procedure that is followed in any jury trial. Pre-trial motions are initially addressed by the judge. This is conducted in the judge’s office and it will not be necessary for you to be present during these pre-trial arguments. You will be expected to remain in the courtroom during this time. Jury selection is perhaps the most important part of any jury trial. After all, the jury ultimately decides the final verdict. You will have an opportunity to discuss your thoughts and opinions with us before the jury selection is concluded.

Once the jury has been selected, we will present an opening statement. This is our opportunity to explain to the jury what we expect the evidence will demonstrate and what witnesses will testify on your behalf. The defense will also give an opening statement. We will present all our witnesses and evidence first. As the plaintiffs, we have the burden of proof. That means that we must prove our case by the greater weight of the evidence. After we have presented all our witnesses and given the jury all our evidence, the defendant will do the same.

A wrongfully injured person is entitled to compensation for the intangible losses which always accompany a personal injury. The law recognizes your right to damages for such things as: pain and suffering, disfigurement, disability, loss of the capacity to enjoy life, and mental anguish. These damages are frequently far greater than the out-of-pocket losses you have sustained such as medical expenses or lost wages, but they are obviously harder to prove. The way in which these losses are most commonly proved is through the testimony of friends and relatives who had an opportunity to see and know you both before and after you were hurt. The selection of the proper people to present this testimony is crucial to the success of your case. In helping us to select the best witnesses, please consider the following list of key words. Key word list

This is intended to help you accurately identify and describe the impact of your injuries. Carefully consider each word and phrase remembering that you should neither minimize nor exaggerate any part of the damages you have suffered. Cross out words and phrases that do not apply. Underline words and phrases that have special significance, and make notes regarding specific matters relating to each word and phrase that you have underlined. Illustrations and examples are the best form of testimony to help the jury understand pain, suffering, disability and mental anguish. Spend time thinking about discussing such illustrations and examples with your witnesses. Save this sheet and all related notes to serve as an outline for your attorney’s conference with you and your witnesses before depositions and trial.

Social attitudes
Sports activities
Comments as to pain, discomfort, suffering
Depressed appearances
Changes in sense of humor
Frequency or continuing pains and discomforts
Self-consciousness
Complaint or quiet unspoken type
Fear terrified of surgery
Sympathy
Changes in lifestyle
Troubled
Terrified
Agony
Depressed pain
Strong-willed
Mopes
Downcast
Dark mood
Strength
Edgy
Upset
Couldn’t do after incident but could before
Struggled
Difficulties since the incident
Feeble
Frail
Unstable
Associated problems with injury
Kidding type of personality
Family or work burdens
Employer or work-related problems
Suffering
Spiritless
Lifeless
Resting
Despair
Awkward
Embarrassed
Physical relationship (all aspects of married life)
Wake up with nightmares
Appetite
Emotional catastrophe
Problems walking, bending, stooping, lifting, sitting, working, driving, general living
Recuperation processes
Rehabilitation required
Paint word pictures -- stories about past events that help to illustrate how serious the injury has been
Loss of self-image
Withdrawn
Disfigured
Ashamed

We are looking for the people who are best able to testify about those things on the list. Knowledge alone is not enough. We need people who will be able to effectively communicate their knowledge to the jury in a way that the jury will understand and believe. You need to help us pick the friends and relatives who have known you best, who know how seriously your injury has influenced your life, and who will make the best possible impression on the jury. These witnesses will be judged not only on what they say, but on how they say it and how they look. Their standing in the community may also be a factor to consider. A community leader who is willing to help you and who knows you well enough would be a persuasive witness. For example, your priest, minister or rabbi would be an excellent choice if he/she knows you well enough to truthfully testify to your problems.

Before providing the name of a potential “pain and suffering witness” to us, be sure to discuss with that person his or her willingness to help. Stories about particular events or circumstances that illustrate the pains or problems you have been experiencing are a very good way to inform the jury about the significance of your injury. Spend some time with your witnesses talking about particular things they have personally seen which may provide examples for the jury. Taking notes which you and the witness can give to us later will help us on our final selection process and in preparing the witnesses for trial.

After all of the witnesses and evidence has been presented, each side will present closing arguments. This is our final opportunity to talk to the jury before the verdict. The judge will then tell the jury what law they should apply to the facts they have heard or seen. The jury will then discuss the case and reach a verdict. The verdict must be unanimous.

After the verdict has been decided, the judge will usually enter a final judgment based upon the jury verdict. The judge does have the authority to enter a final judgment that differs with the jury verdict (called a "judgment not withstanding verdict" -- J.N.O.V.). This does not occur often and is usually appealed to a higher court.

If either side is not satisfied with the result, an appeal may be taken to the District Court of Appeals. Most cases are affirmed on appeal -- very few are reversed.

Once the judgment is final we are allowed to proceed with collection. This process is usually easy and short when insurance is involved. We will discuss any collection difficulties with you at this point in the litigation process. Many times we will not know if there are collection problems until after a final judgment has been entered against the defendant.