Trial Process of a DC Slip and Fall

The trial process of a DC slip and fall seldon is relevant in the claims process. In fact, about 95% of personal injury cases settle before the trial commences. Even if we have to file a lawsuit against the defendant to move them along in a negotiation, the case may still settle before the trial date arrives. However, a trial is necessary for the other 5% of the time to win you the compensation you deserve. We may file a lawsuit against the defendant for injuries arising out of a DC slip and fall for three reasons. The first reason is if the defendant denies liability outright. This happens when they believe there is a chance we lack sufficient evidence to satisfy each element of negligence and hold the defendant liable for your fall. Or, they believe an affirmative defense is available to them, availing the defendant of liability.

The second is if the defendant does not offer a settlement amount that fairly represents the value of your claim. Our DC slip and fall lawyers are skilled negotiators. However, in plenty of instances, the insurer will refuse to make an adequate offer. They may do this because they do not fully understand how to value a claim. Or, they may need simply to hit certain company goals, which can include paying a certain amount in settlements each month. Whatever the case, we will advise you when the offer is insufficient and when to push ahead with the trial. The third is if the owner or manager of the establishment receives our letters but refuses to respond or to pass our letters along to their insurer. When this happens, a lawsuit invariably gets a response.

Preparing for a Slip and Fall Trial in DC

Preparation is the key to success. That is as true in preparation for the trial process of a DC slip and fall as it is for anything else. At this stage, we plan, collect evidence, interview witnesses, review medical records, and prepare statements and lines of questioning for trial. But preparation does not stop with planning. We also conduct depositions of witnesses. A deposition is a formal process before a trial in which a witness’s testimony is taken under oath. If it is not under oath, it is generally worthless. A deposition accomplishes several things. The most obvious is that it can make the case more likely to be settled. If one side understands that their witness performs poorly during a deposition, that can alter the case’s value.

In addition to helping to identify a case’s strengths and weaknesses, a deposition preserves trial testimony. This is especially valuable if a witness is later unavailable to testify during the trial or if they try to change their story at trial. Depending on whose witness it is, a potential downside is that a deposition allows the other side to prepare for cross-examination.

While there are other critical aspects of preparation for the trial process of a DC slip and fall, these are the main points.

Opening Statements: Framing the Slip and Fall Case

As you are the plaintiff in your slip and fall case, our lawyer is the first to give an opening statement. The purpose of an opening statement as part of the trial process of a DC slip and fall is to outline our case and frame the narrative we want the jury to consider. Here, we present our theme in a simple, understandable way. While you understand the accident perfectly well, and your Gelb & Gelb attorney knows your case, the jury does not. Thus, we must present the case in a way that is easy to digest and presents you in the best possible light. This is true no matter what the case is.

The defense, in turn, will outline its counter-arguments, often focusing on why the property owner was not negligent or questioning the extent of the plaintiff’s injuries. The defense may try to humanize the defendant as much as possible. This is a tall order if the defendant is an entity like a nationwide grocery store. However, if it is a smaller mom-and-pop shop, it may get through to the jury.

Presenting Medical Documentation and Bills

Medical documentation and bills are evidence in your trial. Presenting medical records, doctor’s notes, diagnostic tests, and treatment plans is necessary to show the extent of the injuries and the necessary steps for recovery. It is not enough to merely call you to the stand and ask you to testify about your injuries. Medical records causally relating your slip and fall to the injuries you received treatment for are necessary. Remember that there is no presumption of damages. Simply proving that the defendant was negligent and that you fell is insufficient. We must prove that you suffered an injury.

Questioning and Cross-Examination of Witnesses

Questioning witnesses allows both parties to build their case by gathering information directly from individuals involved or knowledgeable about the incident. There are two forms of questioning a witness. Different rules apply depending on what form of examination we are in. The first is direct examination. This is when the lawyer who called the witness to the stand asks the witness questions. The second form is cross-examination. When the first lawyer is done asking questions, he will say, “No more questions, your honor.” At this point, the second attorney asks questions. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility.

During direct examination, the plaintiff’s attorney will ask witnesses to provide accounts that support the claim, focusing on details of the hazardous condition, the property’s safety measures, or lack thereof, and the events leading to the slip and fall. The defense will then cross-examine these witnesses, often attempting to challenge their credibility or highlight inconsistencies in their testimonies. This also ties back to deposition as mentioned above.

Closing Arguments: Summarizing the Slip and Fall Claims

During closing arguments, both sides reiterate key points, summarize evidence presented, and make a final appeal to the jury. Recency bias plays a role in jury deliberations. Thus, closing arguments are vital to a successful trial for a DC slip and fall.

Jury Deliberation and Reaching a Verdict

After closing arguments, the jury goes into a private room and discusses the case. The judge will ask specific questions and provide jury instructions. If the jury finds in favor of the plaintiff, they will then decide on the appropriate amount of compensation based on medical expenses, lost wages, and pain and suffering.

Post-Trial Motions and Possible Appeals

Unfortunately, unlike a settlement agreement, a judgment in a trial is not necessarily final. The losing side is able to appeal the result. However, there are only a certain number of reasons an appellate court would accept an appeal. Almost always, there must have been a mistake as a matter of law and not because you disagree with the jury.

Call Gelb & Gelb Today

Attorney Roger Gelb leads a talented legal team at Gelb & Gelb. He is happy to discuss with you the trial process of a DC slip and fall. Call our office today for a free consultation and case evaluation at (202) 331-7227.