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Trial: some lawyers have a habit of telling non-lawyer friends and acquaintances they see at the court house something like, "Its so nice to see you, but I am very sorry that I am seeing you here ." Except for some lawyers and judges, people hate going to court, and for good reason. Witnesses often feel humiliated, litigants ignored, and someone loses. Sometimes both sides loose. People even hate jury duty which takes them away from their lives, jobs, and family.

If all attempts to resolve your case fail, you are going to trial. It will usually take up more time, resources, and energy than the most experienced lawyers will predict. Contact your lawyer prior to trial and let him know that you are willing to prepare in whatever way he says. Many times lawyers will prepare late in the evening because there will be less distractions, so if he asks that you come to his office late, oblige. He is probably trying to fit you in at a time which allows you both to prepare without disturbances. Some will give you some material to read and study. If so, do it. Getting ready for trial is like getting ready for a comprehensive exam being given by the cruelest professor. You may ask what could be on the exam, and they will point to the course book and say anything in there.

To do well at trial you should probably study the deposition you gave thoroughly. Try not to contradict yourself, and above all don't lie. If there is something you are afraid of, tell your lawyer right away. If you haven't disclosed something, you better tell him, or her, right away. Walking into an ambush is a sure way to loose a trial. You may review your medical too, because most questions will center around you injuries.

A pre-trial hearing is usually held just before trial to determine whether some bits of information will be admitted. Next, a panel of potential jurors is brought, and in most states, the lawyers are allowed to ask them questions. Some objections may be brought to the judge regarding particular jurors based upon what they said. Then, both sides are usually allowed to eliminate some of the possible jurors regardless of the reason (as long as its not based on a forbidden reason such as a jurors' race). After that, the court tells the jurors which ones are going to serve. Some courts do this days or weeks in advance of trial, but others go directly to trial.

Trial usually starts with both sides giving an opening statement to the jury. During opening statement, both sides state what they believe the case is about and what they believe the evidence will be. The plaintiff then calls witnesses and presents his case. Then, the defendant usually, though he is not required, presents his own witnesses. After that, both sides argue to the jury. The jury then decides based upon written questions the judge has given them.

Appeal: if you loose or believe the award is too low, most of the time, appeal is not a realistic option. The majority of cases that go to courts on appeal are not overturned. Higher court judges are reluctant to change a lower court ruling. More importantly, though you can appeal a judge’s decision, you seldom can appeal a jury decision. A judge decides questions regarding the law, but a jury decides questions regarding fact. Courts of appeal generally do not look at facts decided by a jury. As long as there is some, even if slight, evidence to support what they decided, that is it. If you are the plaintiff, that also means that they may disregard your evidence by finding it not credible, which is legalese meaning they do not have to believe your evidence.

What can be appealed are a judges decisions on the law. So if a judge would not allow some evidence to be presented that should have been, or allowed some that should not have been, that could be appealed. if a judge gave the wrong set of instructions to the jury, that could be appealed.

However, appellate courts often refuse to overturn a case even if a judge made a mistake. Many courts require you to show that a bad decision caused harm or caused an improper verdict. In short, to win on appeal is a not likely, and should be done only in rare cases. The best thing to do is talk to your lawyer and ask him if he thinks it is worth it. If he says its not to him, it is probably not for you either. Likewise, many, if not most, trial lawyers do not appeal your case, and most may either withdraw or have a provision in their contract that does not require them to appeal. Thus, if you want to appeal, you may have to pay for it yourself.

Perhaps that is why Abraham Lincoln told young lawyers to encourage their clients to settle cases if they can. "Discourage litigation," he said. "Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time."