Navigating a personal injury trial in New Jersey can be intimidating—especially if it’s your first time inside a courtroom. While many personal injury cases settle out of court, some proceed to trial when liability is contested or when the parties cannot agree on a fair settlement. Understanding the process can ease anxiety and help you feel more prepared. Below is a breakdown of what typically happens during a New Jersey personal injury trial, how the court system works, and what you can do to support your case.

Understanding the Purpose of a Personal Injury Trial

A personal injury trial aims to resolve disputes between an injured person (the plaintiff) and the party allegedly responsible for causing the injury (the defendant). Unlike a settlement negotiated behind closed doors, a trial is a public proceeding where evidence is presented, and a verdict is reached either by a judge or a jury.

In New Jersey, most trials involving personal injury lawsuits are held in the state’s Superior Court, Civil Division. Trials are generally jury trials, although either party may request a bench trial (heard only by a judge).

Pre-Trial Preparations and Timeline

Before a case reaches trial, both sides go through extensive preparation. This can take months or even years depending on the complexity of the claim.

1. Discovery Phase

• Exchange of Information: Both parties share documents, photographs, medical records, accident reports, and other relevant materials.
  
• Depositions: Witnesses and parties are questioned under oath.
  
• Expert Testimony Preparation: Medical experts, accident reconstructionists, or economists may be retained to support the case.
  

2. Pre-Trial Motions

Attorneys may file motions to exclude evidence, dismiss parts of the case, or request summary judgment. The court rules on these motions before the trial begins.

The Trial Process: Step-by-Step

Once the trial date arrives, here’s how the typical process unfolds:

1. Jury Selection (Voir Dire)

In a jury trial, both sides participate in selecting unbiased jurors. Attorneys can dismiss potential jurors based on cause (e.g., clear bias) or limited peremptory challenges (no reason required). In New Jersey civil trials, juries usually consist of six people, with a verdict requiring a five-person agreement.

2. Opening Statements

Each attorney outlines their case, previewing what the evidence will show. These are not arguments—just a roadmap for the jury to understand what to expect.

3. Presentation of Evidence

This is the most detailed part of the trial. The plaintiff presents their case first.

• Plaintiff’s Case: May include testimony from the injured party, medical professionals, eyewitnesses, and expert witnesses. Physical evidence like photos or accident reconstructions are also introduced.
  
• Cross-Examination: The defense has the opportunity to question each witness.
  
• Defense’s Case: After the plaintiff rests, the defense presents its witnesses and evidence, followed by cross-examinations from the plaintiff’s side.
  

4. Closing Arguments

After all evidence has been presented, both sides summarize their case. Attorneys argue why the jury should decide in their client’s favor, tying together the evidence and witness testimony.

5. Jury Instructions

The judge provides legal instructions to the jury, outlining the standards they must use to decide the case, such as how to interpret negligence or damages under New Jersey law.

6. Jury Deliberation and Verdict

The jury meets privately to consider the evidence and reach a decision. They determine whether the defendant is liable and, if so, how much compensation should be awarded. In some cases, the jury may apportion fault between the parties, which can affect the final payout.

Understanding Damages in New Jersey

New Jersey follows a modified comparative fault rule. This means:

• You can recover damages even if you were partially at fault, as long as you were less than 51% responsible.
  
• However, your compensation is reduced by your percentage of fault.
  

For example, if you're awarded $100,000 but are found 20% at fault, you’ll receive $80,000.

Compensatory damages typically include:

• Medical expenses (past and future)
  
• Lost wages
  
• Pain and suffering
  
• Emotional distress
  
• Loss of enjoyment of life
  

Punitive damages are rare in personal injury cases and are only awarded when a defendant’s conduct is especially reckless or malicious.

How Long Will the Trial Take?

Most personal injury trials in New Jersey last anywhere from a few days to a few weeks. However, the length can vary based on factors like the number of witnesses, complexity of evidence, and court scheduling. Even after the trial ends, either side may file an appeal, which can prolong the process.

What You Can Do to Support Your Case

If you're the plaintiff, your role is more than just showing up. How you present yourself matters:

• Be truthful and consistent in your testimony.
  
• Dress professionally to show respect for the court.
  
• Follow your attorney’s guidance about behavior, answers, and when to speak.
  

Working with a skilled personal injury attorney can make a significant difference. An experienced trial lawyer understands not only the law but also how to present a compelling story to the jury.

Conclusion

A New Jersey personal injury trial can be a complex, sometimes unpredictable process. But for many injury victims, it offers a path to accountability and fair compensation when negotiations fail. Knowing what to expect—from jury selection to the final verdict—can help you feel more prepared and empowered throughout the process.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.