In 2020, Oklahoma was ranked the seventh most dangerous city in the country when it came to vehicle crashes.
Every year, hundreds of lives are lost and thousands more are severely injured in car wrecks, many of which couldโve been prevented. But it’s not just car accidents.
Not every personal injury case in Oklahoma will go to trial. But if yours does, knowing each step of the process helps you stay prepared.
Itโs also why having the right attorney matters so much. Oklahoma City personal injury lawyers know the ins and outs of the courtroom and can guide you every step of the way.
If youโve never been involved in a personal injury trial before, the whole process might seem overwhelming.
But weโre going to break it down, step by step, so you know exactly what to expect if your claim needs to go to trial.
Step 1: Demand Letter
Your lawyer will put together a demand package. This is a formal letter sent to the insurance company or the at-fault party. It explains what happened, whoโs at fault, and how much compensation you’re asking for.
The demand letter kicks off settlement talks. If they donโt respond or refuse to offer a fair settlement, your lawyer will take the next step.
Step 2: Filing a Lawsuit
Filing a lawsuit officially starts the trial process. Your attorney prepares a complaint that outlines your case, what happened, who was involved, and what damages you’re seeking. This document gets filed with the court and delivered to the defendant.
Step 3: Discovery Phase
This is where both sides exchange information. You may need to answer written questions (called interrogatories) or take part in a deposition, where lawyers from both sides ask questions under oath.
Both parties will share documents, expert reports, and other evidence that may be used in court.
Step 4: Pretrial Motions & Hearings
Before the trial officially begins, there might be several court hearings. Your attorney may file motions asking the judge to exclude certain evidence or witnesses, or even try to resolve the case before trial through a summary judgment motion if the facts arenโt in dispute.
Step 5: Negotiating a Settlement
Even while all this is happening, both sides usually keep talking to see if they can agree on a settlement. Settling avoids the risk and cost of going to trial, and many personal injury cases end here. But if no agreement can be reached, we move on to trial.
Step 6: Trial Begins
If your case goes to trial, it can take months or more than a year to actually get in front of a judge or jury. Thatโs why itโs important to keep pushing the case forward. At trial, the first step is selecting a jury, unless it’s a bench trial, which is decided by a judge.
Next come opening statements, where each side outlines what they plan to prove. Then each side presents evidence and calls witnesses.
The plaintiffโs side (thatโs you) goes first. The defense will then cross-examine your witnesses. After that, theyโll present their own case, and your lawyer will cross-examine them in return.ย
Step 7: Verdict & Judgment
The jury will then go into deliberation. Theyโll review all the evidence and reach a decision, either in your favor or the defendantโs. If they rule in your favor, theyโll also decide how much compensation you should receive.
Step 8: Post-Trial Issues
Even if you win, the other side might not accept the result. They could file post-trial motions to reduce the amount awarded or even appeal the verdict. This means your case could stay in the system for more time before the outcome is final.
If you reach a settlement instead of going to trial, the insurance company will have you sign some paperwork agreeing not to sue again.
Then theyโll send the money to your attorney, whoโll pay off any remaining bills and send you your share.ย
