Trial litigation refers to the legal process of resolving a dispute through a trial in a court of law. In the context of personal injury, it involves a plaintiff seeking compensation for injuries or damages caused by the negligence or wrongdoing of another party. Once an individual files a personal injury lawsuit, both parties enter the trial litigation phase if they are unable to reach a settlement through negotiation or alternative dispute resolution methods.
During trial litigation, the case proceeds before a judge or jury, who will determine the outcome based on the evidence presented by each side. The plaintiff has the burden of proof, meaning they must provide sufficient evidence to establish that the defendant’s actions or negligence caused their injuries and resulted in damages.
Both parties can present their arguments, call witnesses, and introduce physical or documentary evidence to support their claims. The jury then evaluates the evidence and decides if the defendant is liable for the plaintiff’s injuries and, if so, the amount of compensation the plaintiff should receive.
Ultimately, trial litigation in a personal injury case is a formal, structured process to secure justice and ensure fair compensation for the injured party. Torgenson Law’s personal injury attorneys are fully prepared to litigate your claim if we cannot reach an appropriate settlement with the insurance companies.