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What to Expect During a Personal Injury Trial in Delaware

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What to Expect During a Personal Injury Trial in Delaware

What to Expect During a Personal Injury Trial in Delaware

Many people have concerns about what to expect during a personal injury trial. Learning more about what leads to a personal injury trial and what happens during the trial may help you better prepare. There are multiple ways you can strengthen your personal injury claim. Talk to a Wilmington accident attorney to find out.


When your personal injury claim is rejected, you may have to make the hard decision to take your case to trial. This is something many people try to avoid because personal injury trials are often:

  • LongerWhat to Expect During a Personal Injury Trial in Delaware
  • More complex
  • Costly
  • Intimidating

Personal injury trials can sometimes be avoided by reaching a settlement, an agreed-upon amount of compensation for your injuries. This is often accomplished with negotiations, mediation, or by filing a motion. A motion to dismiss, a summary judgment motion, or a default judgment motion can be used to avoid going to trial.

When these fail, or a settlement cannot be reached with the person who injured you, then a personal injury trial might be the only option left. Do not panic if this happens to you. There are multiple ways to prepare.

A personal injury trial will involve four main phases that include jury selection, opening statements, witness testimonies, and closing arguments. The final step is a decision by the jury. If your trial is successful, then the final step is to choose a method for collecting your compensation.

However, if your trial was unsuccessful, then you may have other options. An unsuccessful trial might be not receiving enough compensation or receiving no compensation at all. Other legal options may include filing an appeal or working with contacting a Wilmington accident lawyer to attempt another personal injury lawsuit.


You might be wondering what will actually happen during the personal injury trial. If you hire a lawyer, your lawyer will usually speak on your behalf. Depending on the case, you might be asked to provide a testimony that may also involve being asked questions about the case.

The goal is to prove negligence caused your injuries by the person you are suing. Part of this requires proving personal injury causation, which can be straightforward or complex depending on the situation. Evidence, witness testimonies, and legal arguments will be used to prove the connection between negligence and the causation of your injuries.

Both sides will compare evidence and testimonies to arrive at the truth. When there are no other possible explanations for your injuries other than the defendant’s negligence, this process will be straightforward. Injuries that occurred after the accident must be separated from injuries directly caused by the accident. Other damages caused by the accident will also be considered.


Do not panic if your personal injury claim goes to trial. All you have to do is call Edelstein Martin & Nelson today at (302) 504-4815 to speak with a Delaware personal injury lawyer for a free consultation. Our dedicated team of lawyers can help you defend your personal injury claim if your case goes to trial. We can be found in Wilmington, DE.

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