Conduct of a Trial
*This is the 12th blog in our series, The Life of a Personal Injury Case…. From accident to settlement or trial.
A personal injury trial may be heard by a judge alone or by a jury. In a jury trial, each party may make an opening statement. Opening statements are not evidence, but they provide a roadmap for the jury by outlining what each side expects the evidence will show and identifying the key issues, such as liability, causation, and damages. In a judge-alone trial, the parties typically do not make opening statements. Instead, before the trial begins, each party provides a written brief to the judge that serves a similar purpose.
The plaintiff begins by presenting their case and calling witnesses. The plaintiff’s case typically includes:
The plaintiff’s own testimony
Lay witnesses (family, friends, co-workers)
Treating physician witnesses
Expert evidence (reports and expert testimony)
Documentary evidence, often entered through a Common Book of Exhibits
The witnesses give evidence through direct examination, followed by cross-examination by defence counsel. Plaintiff’s counsel then has an opportunity to ask questions on redirect, which is limited to new matters raised during cross-examination.
After the plaintiff has entered all the evidence they wish to rely on to prove their case, the plaintiff closes their case.
Once the plaintiff closes their case, the defence may call its own witnesses. This may include the defendant themselves, defence experts, treatment providers, or lay witnesses, depending on the issues in dispute. The same process of direct examination and cross-examination applies.
In some cases, the defence may choose not to call evidence. This does not necessarily mean the defence agrees with the plaintiff’s case. Rather, the defence may take the position that the plaintiff has not proven one or more required elements of their claim. In a personal injury trial, the plaintiff carries the burden of proving their case on a balance of probabilities. This means the plaintiff must establish, through the evidence, that it is more likely than not that the defendant was legally responsible for the accident, that the accident caused or contributed to the plaintiff’s injuries, and that the plaintiff suffered compensable losses. If the defence believes the plaintiff’s evidence falls short on any of these issues, it may decide to rely on cross-examination and legal argument instead of calling its own witnesses.
After all evidence is complete, lawyers for all parties make their closing submissions. Closing submissions are not evidence. Instead, they are each party’s opportunity to summarize the evidence that has been presented, highlight the evidence they say is most important, and explain how the law should be applied to the facts of the case. Counsel may address issues such as credibility, liability, causation, and damages, and may point to specific testimony, documents, or expert opinions that support their client’s position. This is where counsel connect the evidence to the applicable law and explain why the judge or jury should decide in their client’s favour. In a jury trial, closing submissions help frame the issues for the jury before the judge gives legal instructions. In a judge-alone trial, they assist the judge in reviewing the evidence and applying the law before reaching a decision.
In a jury trial, the jury then begins deliberations. During deliberations, the jurors review and discuss the evidence, consider the judge’s legal instructions, and work together to reach a decision. The jury must decide the issues put to them, which may include whether the defendant is legally responsible for the accident, whether the accident caused or contributed to the plaintiff’s injuries, and what amount of damages should be awarded. The jury’s decision is called a verdict. In a judge-alone trial, there is no jury. Instead, the judge reviews the evidence and legal submissions and will typically reserve their decision. This means the decision is not given immediately at the end of trial, but is released in writing weeks or months later. The written decision will set out the facts the judge accepts, the applicable law, and the court’s findings on liability, causation, and damages. Whether the decision is made by a judge or jury, the outcome determines whether the plaintiff has proven their claim and, if so, the compensation to be awarded.
If you have questions about your upcoming personal injury trial, do not hesitate to reach out to your legal team. The lawyers at Carter Simpson are experienced, passionate, and devoted to assisting those who have been injured in motor vehicle collisions and other types of accidents. We will advocate on your behalf to secure the best possible outcome through settlement, discovery examinations, and/or trial.
Carter Simpson provides this article for informational purposes only. It does not constitute legal advice. Please consult our firm to discuss your specific circumstances before taking any action based on this content. We disclaim all liability for actions taken based on this material.