Step-by-Step: How a Michigan Personal Injury Trial Works
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Although there are many nuances and differences depending on the judge and case type, most personal injury trials work the same way.
In Michigan, a jury trial involves randomly selected citizens deciding facts in criminal (6-12 jurors) or civil (6 jurors) cases, while a judge handles legal issues. The process includes jury selection (voir dire), opening statements, witness testimony, closing arguments, jury instructions, and deliberation. The jury then decides whether to grant the plaintiff compensation or not (no cause).
QUICK SUMMARY: THE 7 STEPS OF A TRIAL
- 1. Pre-Trial Motions: Deciding what evidence is allowed.
- 2. Voir Dire: Selecting the jury members.
- 3. Opening Statements: Each side outlines their case.
- 4. Plaintiff’s Case: Presenting evidence and witnesses to prove negligence.
- 5. Defendant’s Case: The defense presents their side.
- 6. Closing Arguments: Final summary and request for a verdict.
- 7. Deliberation & Verdict: The jury decides the outcome.
Pre-Trial Motions
Jury trial starts before the trial ever gets going. Before the trial, the parties and the judge need to decide on issues, and evidence will be presented before the jury.
Both parties will file motions in limine asking the judge to rule on whether certain evidence is admissible or should not be heard by the jury.
- Example: Evidence about a car accident victim’s criminal history is often irrelevant in a car accident case. Very often, the judge will rule that this evidence is inadmissible and prohibit the defense from presenting it at trial.
Other pre-trial motions can involve the sequence of the trial – who may or may not testify, and in what order the parties may introduce evidence.
The pre-trial motions are very important. They set the stage for the evidence heard by the jury and can affect the outcome of a personal injury case.
Jury Instructions
Before the trial begins, the parties and the judge must agree on the jury instructions. The jury instructions are the road map for the jury. They explain what the law is and how the jury may apply the facts in evidence to the law. Jury instructions also explain the burden of proof for the plaintiff and what evidence it may or may not consider.
There are standard jury instructions in Michigan. This means that each personal injury case, whether it’s a car accident, slip-and-fall, or medical malpractice, has a set of standard instructions that must be used in every case.
However, because no two cases are alike, the parties may ask the judge to include special jury instructions. Special jury instructions must come from Michigan common law or specific laws and statutes. The judge will decide whether the jury will hear the special jury instruction.
1. Voir Dire and Picking the Jury
Voir dire occurs when randomly chosen jurors take a seat in the jury box and are questioned about their qualifications to serve on the case. The judge and attorneys will ask each juror questions to determine whether their minds are free of bias or prejudice that might interfere with their ability to act as fair and impartial jurors. This process will continue until a jury is selected.
In personal injury cases, both sides get three preemptory challenges. This means the lawyers for the plaintiff or defendant may excuse a juror without giving a stated reason, so long as it is not based on a discriminatory purpose, such as race, ethnicity, or sex and gender.
During voir dire, jurors may also be excused by the judge for cause. This occurs when a juror reveals an obvious bias towards one party and will not be able to carry out their duty as an impartial juror.
Once a jury is selected, it is sworn in by the judge who will give preliminary instructions.
2. Opening Statements
As the trial begins, the attorneys for each side often make opening statements.
The purpose of opening statements is to give the jury the framework of the case and to outline the evidence by which each side expects to present to prove what they say are the facts. It is important to note that opening statements are not to be considered as evidence - they are only the parties' respective versions of the facts as they claim them to be.
Opening statements are very important because jurors form first impressions immediately. They begin to decide which side they trust more, and the way the evidence is framed will shape the jurors’ opinions for the rest of the trial. Many cases are won or lost during opening statements.
3. Plaintiff’s Case (Case-in-Chief)
Once the opening statements conclude, the plaintiff begins their case-in-chief.
During this time, the attorneys for the plaintiff will call various witnesses to introduce evidence as to:
- Why the defendant is negligent.
- How the negligence caused the plaintiff’s injuries.
- The damages or money the plaintiff is entitled to.
The plaintiff will present evidence in different forms. This includes lay witness and expert testimony.
- Testimony: Statements made by a witness under oath at the trial.
- Exhibit: A physical object, such as a document, a weapon, or a photograph, introduced at trial for the jury's consideration in determining the facts of the case.
Sometimes the testimony of a witness will have been given outside the courtroom and is read to the jury. The record of that testimony is called a deposition. Videotaped depositions are allowed and used often for the doctor’s testimony.
The plaintiff may also call adverse witnesses. Adverse witnesses are witnesses that support the defendant’s position or are a party to the lawsuit. The plaintiff’s lawyer will do this for strategic reasons, and it allows them to ask leading questions.
4. Defendant’s Case in Chief
After the plaintiff concludes, the defendant(s) then present their case. Like the plaintiff, the defendant will present expert witnesses to explain why the defendant was not negligent, or the plaintiff is not entitled to damages for the injuries sustained. The defense lawyer can also present lay witness testimony.
Sometimes, both sides can call rebuttal witnesses. A rebuttal witness is called after the opposing side presents its case. They are for the limited purpose of responding to or contradicting new evidence or testimony introduced by that opposing side.
5. Closing Arguments
Closing arguments occur when both sides have presented all the evidence they wish to introduce. Closing arguments are the time for each side to be more argumentative and show the jury why their client should win based on the evidence presented at trial.
The Order of Arguments:
- First, the plaintiff delivers their closing argument.
- Then, the defendant delivers theirs.
- The plaintiff can then do a short rebuttal. This is powerful because the plaintiff gets the final word to the jury, explaining why they should win.
Closing arguments may include photos, videos, PowerPoint presentations, and other tools to persuade jurors. During closing arguments, the lawyers should tie all the evidence together, point out inconsistencies in the other side’s case, guide the jurors through the verdict form, and ask the jurors for the result they want.
6. Judge’s Instructions
After closing arguments, the judge will instruct the jury on the law applicable to the case. This is done through the jury instructions agreed upon by the parties before the trial began.
Think of jury instructions as the rules of the game. Jurors must apply that law to the facts to arrive at a verdict.
7. Jury Deliberation and Verdict
Once the judge reads the instructions, the jury then deliberates. This is when the jury decides whether the plaintiff should be awarded compensation and, if so, how much.
The jury will complete a verdict form. This verdict form will ask a series of questions to help guide the jury. When the jury reaches a verdict, the foreperson will sign the verdict form.
The jury will inform the court that they have reached a verdict. The parties will then enter the courtroom, where the court or foreperson will read the verdict.
Post-Trial
After a verdict is rendered, the losing party can decide to appeal a legal issue they feel was wrongly decided by the trial judge. The Michigan Court of Appeals can then decide whether to rule on the appeal. This process can take more than 18 months and can tie up large jury verdicts.
If you have questions about the trial process, call the Lee Steinberg Law Firm at 1-800-LEE-FREE (1-800-533-3733).
