A personal injury trial in Vermont begins only after other avenues—such as settlement negotiations or mediation—have failed to produce an agreement. While most personal injury cases are resolved before reaching a courtroom, some disputes over liability or compensation require a judge or jury to decide the outcome. Vermont follows a civil litigation process designed to ensure fairness and give both parties an opportunity to present their evidence.

Pretrial Motions and Preparation

Before the trial starts, both sides will engage in final pretrial motions. These motions may ask the court to exclude certain evidence or witnesses or request a ruling on legal issues that could streamline the trial.

Typical pretrial steps include:

  • Motion in limine to prevent prejudicial evidence from being introduced
  • Jury instructions proposals, where attorneys suggest how the judge should instruct the jury on legal standards
  • Witness and exhibit lists that each side must submit ahead of trial

This phase also includes preparation for direct and cross-examinations, organizing exhibits, and mock questioning to anticipate the opposing party's arguments.

Jury Selection (Voir Dire)

In a Vermont civil trial, the jury selection process—called voir dire—is used to identify impartial jurors. Both attorneys are allowed to ask prospective jurors questions to uncover potential biases.

Each side can:

  • Challenge a juror "for cause" (e.g., if they show bias or personal knowledge of the case)
  • Use a limited number of "peremptory challenges" to remove jurors without stating a reason

The goal is to form a fair, unbiased jury of six individuals in most civil cases, as Vermont typically uses smaller juries than in criminal trials.

Opening Statements

Once the jury is selected, each attorney presents an opening statement. These are not arguments, but overviews of what each side believes the evidence will show.

  • Plaintiff's attorney presents first and outlines how the defendant's actions caused harm
  • Defense attorney follows and offers an alternative narrative or attempts to refute liability

These statements frame the jury's expectations for the trial.

Presentation of Evidence

This stage comprises the heart of the trial. The plaintiff has the burden of proof, so they go first.

The plaintiff will:

The defense has the opportunity to cross-examine each witness. Once the plaintiff rests, the defense can present its own witnesses and evidence. In some cases, the defense may argue that the plaintiff failed to meet the burden of proof and choose not to present any evidence.

Each side's goal is to reinforce its narrative and discredit the other's.

Expert Testimony and Medical Evidence

In personal injury trials, expert testimony often plays a pivotal role. Vermont courts allow licensed professionals to testify on matters such as:

Judges act as gatekeepers, determining whether the expert's opinion meets Vermont's standards for admissibility under Rule 702 of the Vermont Rules of Evidence.

Cross-Examination and Credibility

Attorneys from both sides will question opposing witnesses. This is where credibility can be tested:

  • Inconsistencies in a witness's story may be exposed
  • Experts may be challenged on their methodology or potential biases
  • Previous statements, including depositions, may be used for impeachment

A witness's demeanor and clarity can influence how their testimony is received by jurors.

Closing Arguments

After all evidence has been presented, both sides deliver closing arguments. Unlike opening statements, these are persuasive summaries.

  • The plaintiff's attorney will tie together the evidence and urge the jury to award compensation
  • The defense attorney will attempt to highlight gaps or inconsistencies in the plaintiff's case

Closing arguments are each side's last opportunity to sway the jury.

Jury Instructions and Deliberation

Before deliberation begins, the judge instructs the jury on the legal standards they must apply. In Vermont, this includes explaining:

Jurors then deliberate in private. Civil verdicts in Vermont do not require unanimity—agreement by at least five out of six jurors is enough to reach a verdict.

The Verdict and Post-Trial Motions

Once the jury reaches a decision, they return to the courtroom and deliver their verdict. This includes:

  • Whether the defendant is liable
  • The amount of damages to be awarded, if any

After the verdict, either side may file post-trial motions. For instance, a motion for a new trial might be submitted if there were procedural errors. In some cases, the losing party may appeal the outcome to a higher court.

How Long Does the Process Take?

The length of a Vermont personal injury trial varies widely depending on the complexity of the case. A straightforward trial may last a few days, while others can span several weeks. Preparation, discovery, and court scheduling can also delay proceedings.

According to the Vermont Judiciary's civil case statistics, most cases that go to trial are resolved within 12 to 24 months from the initial filing—though appeals can extend this timeline.

Conclusion

A personal injury trial in Vermont is a multi-stage process designed to resolve legal disputes through structured evidence and impartial judgment. From jury selection to verdict, every phase requires thorough preparation, a clear legal strategy, and the ability to present a compelling case. While the courtroom may seem intimidating, understanding each step can empower plaintiffs and help them work more effectively with their legal team.

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

Navigating Vermont Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.

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