What To Expect During A Dog Bite Trial In Upstate New York

Every dog bite trial in Upstate New York differs in its details, but most will consist of the following steps:

1. Filing Your Claim

Before a New York State court can schedule a trial, you need to file a lawsuit.

The first step in almost every claim is contacting an attorney and scheduling a free consultation. A consultation allows you to ask questions about your evidence, the personal injury process, and potential damages before you commit to a case.

If your lawyer thinks that you have a strong case and you agree to work together, they’ll help you file and serve your lawsuit.

2. Pre-Trial Preparations and Motions

Although it often takes upward of a year for a dog bite case to move to trial, your lawyer won’t wait that long to begin preparations. Before trial commences:

1. Your attorney will launch a vigorous investigation into the causes and circumstances of your dog bite accident;
2. Your lawyer will assess your damages and, if necessary, consult economic experts to determine your long-term needs; and
3. Your lawyer will walk you through discovery and respond to the defense’s pre-trial motions, which could include unreasonable requests for dismissal.

3. Settlement Negotiations

You may be surprised to learn that very few personal injury claims make it to trial.

If you have compelling evidence of fault, the defendant’s attorney or insurance adjuster will most likely initiate settlement talks. These negotiations are non-binding and often take the form of mediation or arbitration. Depending on the outcome, you may be able to avoid trial and obtain compensation before your case even enters a courtroom.

4. Trial: Opening Statements

If your trial date arrives and no settlement has been offered or approved, you can expect proceedings to take anywhere from several days to several weeks. The first step in almost every trial is the presentation of opening statements. These are an introduction to the facts of your case and provide the jury with an outline of what sorts of evidence and arguments your attorney will present.

5. Trial: Evidence, Arguments, and Cross-Examination

After your lawyer and the defense’s counsel present opening statements, each side will have the opportunity to:

1. Present different types of evidence;
2. Introduce witnesses, including lay witnesses and expert witnesses; and
3. If necessary, provide counterarguments and cross-examine opposing witnesses.

In most trials, each side will present evidence and arguments separately. Only after they have finished their presentation may opposing counsel introduce counterarguments or request cross-examination of a witness.

6. Trial: Closing Arguments

In a trial, closing arguments are your lawyer’s last opportunity to address the jury.

During a typical closing argument, you can expect your lawyer to:

1. Summarize the evidence that they’ve presented;
2. Reiterate counterarguments; and
3. Explain how the dog bite has impacted your life.

The defense will also deliver a closing argument for their side.

7. Jury Instructions and Deliberations

Once closing arguments have concluded, the judge gives the jury instructions and allows them to depart the courtroom for deliberation. Once the jurors have reached a verdict—a process that can take several minutes or even several days—they will announce their findings in court and may, in some cases, provide a recommendation for damages.

8. The Outcome

Dog bite cases do not always end with the jury’s verdict.

If the losing party disagrees with the jury’s verdict or the court’s ruling, they may initiate an appeal or submit post-trial motions challenging damages and other remedies.