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A Bifurcated Personal Injury Trial and What this Means for Your Compensation

When you’ve been severely injured due to someone else’s negligence either on the road, at your residences, at a party, or even out shopping via a slip and fall event, the last thing on your mind is legal formalities and processes that may have intimidating words that you did not anticipate. For the most part, the average injured American will assume that just by virtue of having an injury precludes them to compensation. However, the law isn’t as cut and dry as this, and even with compelling evidence, the defense, particularly if it is a well-known or profitable corporation, will try to influence the case if it goes to trial by asking the judge to bifurcate the trial.

This strange word simply means dividing the trial into two distinct parts, and it is a powerful legal tool used by defense attorneys to trivialize your injuries by minimizing a jury’s sympathy and hopefully reducing or even vacating the final verdict.

A bifurcated trial presents significant challenges to you, the plaintiff, as you will need a refined legal strategy to counter any rebuttals by the defense team in order to ensure your full story is heard and understood. Read on to find out how we, as a best catastrophic injuries law firm can help mitigate the threat of a bifurcated trial so we can safeguard your justice and compensation.

Are you looking for the best personal injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of Americans from across the country and different socioeconomic backgrounds receive compensation after getting injured due to the negligence of other individuals or corporations.

Over the decades, we’ve recovered over $260 million and counting for our clients, highlighting our excellence and commitment to getting fair compensation for anyone we opt to represent. Our success when it comes to winning claims is rooted in a number of factors such as the fact that we personally handle and process all claims from start to finish and do not shunt the job over to paralegals or legal assistants as is often seen in most law firms, we have innumerable years of experience handling insurance company requests and denials and know all the tricks they may employ to deny a claim.

In addition. we are also not afraid to litigate claims in a court of law should it come to that, as more often than not, taking a well-prepared case to court so a judge and jury can rule on the same can end in a judgment of maximum compensation for the client; however, most law firms simply opt to engage the insurance company in settlement negotiations which often end in a paltry payout due to the skewed balance of power.

In addition to having nationwide reach thanks to our trusted network of attorneys and law firms, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only after we’ve recovered compensation on your behalf. If you slipped and fell as a supermarket or business establishment, got injured at an apartment residence, were in an auto accident that wasn’t your fault, and so on, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Bifurcation of an Injury Claim – What You Need to Know

In the event that your personal injury claim goes to trial, it shall be heard as a single, continuous proceeding. In essence, the jury will hear all the evidence at once as well as arguments regarding who is liable for your injuries, and be subjected to a presentation of your injuries, medical expenses, and suffering, all of which are lumped together as damages. After this, the jury will deliberate and return a single verdict that addresses both issues.

A bifurcated trial, however, splits the process into two separate trials; the first trial is focused on liability, where the jury is asked a pivotal question – is the defendant legally liable for your injuries? No evidence pertaining to your injuries will be presented, neither will any information regarding medical bills or hospital stays. Should the jury find the defendant liable in this first stage, the trial will continue into the second phase.

The evidence pertaining to your damages will then be presented to the jury in the second trial and fault will not be apportioned during this second trial, and its main focus will be the determination of damages. It is important however to note that a bifurcated trial is not automated; the defense must put in this request which the judge may grant if they believe it is in the interests of justice and overall efficiency.

Why Defense Attorneys Request for a Bifurcated Trial

Here are some of the key reasons why defense teams love and request for a bifurcated trial

  1. Focus and Clarity – It allows them to focus only on fault without having to worry about the emotional underpinnings of your injuries which if included into the first part of the trial may influence jury decisions due to them possibly having sympathy for you.
  2. Efficiency – If the jury finds the defendant not liable in the first part of the trial, the case ends immediately. This means that the lawyers and court as well as jury avoid expending more time and resources that may have been used during the second phase of the trial.
  3. Damage Control – A bifurcated trial essentially means that the most important evidence which is your suffering never gets to see the light of day; in case the jury decides liability without hearing your emotional testimony or seeing your scars, the defense may win almost by default if they present strong and compelling arguments.

Best Nationwide Injury Attorneys – Call Us Today!

At McCready Law, we acknowledge the fact that a personal injury case is never straightforward and that legal battles more often than not are fought strategically and procedural details may be weaponized by the defense team. To this end, we make sure to have a solid gameplan and we anticipate defense bifurcation from the beginning so we can prepare legal arguments why the process would unfairly prejudice you as our client.

That said, if the judge does grant a motion to bifurcate, we are prepared to create a compelling case for negligence via the use of experts such as accident reconstructionists, medical professionals and other professionals so we can demonstrate that your injuries never would have occurred but for the negligent actions of the at-fault party.

Need clarity before we get started? Please call us NOW at (314) 481-63338 to learn more about how we can help get you the maximum compensation under the law. We serve a nationwide clientele, so feel free to call us from wherever you are. Our first consultation is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.