ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Trials

My case will be tried before a jury. What does this involve?

Jury trials begin with opening statements presented to the jury by the lawyer for each party. The opening statement serves to introduce the jurors to each side's theory of the case and outlines what each side plans to prove during the trial. For example, in a personal injury case, the plaintiff will explain that the defendant was negligent and that as a result, the plaintiff suffered a financial loss or other injury. The plaintiff will need to prove the elements of negligence: that the defendant owed the plaintiff a legal duty, that he or she breached that duty, and that the duty caused damage to the plaintiff. The defense, meanwhile, will explain why there is reason to doubt one or more of those elements of the plaintiff's case.