What is Trial Bifurcation and How Can it Affect Your Accident Case?

The way that personal injury trials operate has changed dramatically for certain cases in Georgia. It is important to be aware of how this could affect your claim if you or a loved one were hurt in a car crash, truck accident, slip-and-fall incident, or any other accident where someone’s irresponsible actions caused injuries. It even applies to wrongful death cases where families are seeking justice for loved ones who were taken away before their time.  

Many personal injury cases are resolved through settlements negotiated before trial, but the change could affect those cases as well. Insurance companies will try to use the change to their advantage in any way possible, so it is important for accident victims to be prepared to overcome the challenges.

What is a Bifurcated Personal Injury Trial?

A bifurcated trial is one divided into two separate stages. The second stage of the trial will proceed only if the first stage is successful for the person bringing the lawsuit.

Under the new law, which is set forth in Section 51-12-15 of the Georgia Code, any party in a personal injury case may ask the court to divide the trial into two phases. If this request is made, the court can only refuse it if someone files a motion to refuse it. This motion opposing the bifurcation of a trial can only be granted in two situations:

• If the value of the case is less than $150,000, or
• If the case involves a sexual offense, it would be harmful for the victim to be forced to testify in two separate proceedings.

So, in most serious personal injury cases, the insurance company defending the case can have the case divided into separate phases.

First Phase of a Bifurcated Trial

The first phase of a bifurcated personal injury trial focuses on establishing liability for the injuries. If the injuries resulted from a motorcycle accident or another type of vehicle collision, then much of the case will be devoted to determining who caused the collision. However, the focus is ultimately on the fault for causing the injuries rather than just the crash. So if something happened during, after, or in addition to the crash and those actions affected the injury, then they will be highly relevant to the case.

The person who works with a personal injury lawyer to file the lawsuit is known as the plaintiff, and the person, people, or company that is being sued is referred to as the defendant. The lawyer representing the injured plaintiff will present arguments supported by evidence to show that the defendants’ conduct caused the injuries. In a head-on collision, for instance, the plaintiff’s legal team might present footage from a traffic camera showing that the defendant’s car crossed a double yellow line into the oncoming traffic. They might also present photos of damage to the vehicles involved, showing that the plaintiff tried to swerve away to avoid the collision but was only partially successful in deflecting the impact. The evidence might be corroborated by witness statements, photos of skid marks, and statements from accident reconstruction experts.

While evidence of injuries and the impact on the victim’s life is extremely important, most of this evidence would not be introduced in the first phase of the trial. Some medical evidence will be submitted to show that the condition was caused by the incident for which the defendant is liable. However, information about the extent of medical bills, the severity of the injuries, and other key evidence will be kept until later. This is supposedly intended to avoid undue influence on the decision about liability. Insurance companies do not want juries to make decisions about fault just because an accident victim has been horribly wounded and their life destroyed by pain and suffering. They want it to be an isolated decision.

Of course, the defendant’s legal team will introduce all the evidence and arguments they can to show that the victim, not their client, was at fault. If they can persuade the decisionmaker (the judge or a jury) that the plaintiff is 50% responsible for the injuries, the victim cannot recover anything. If they show that the victim is at fault, but the fault is less than 50%, then the recovery will be reduced by that percentage.

The Second Phase of Bifurcated Trial

Once liability is established in the first phase of the trial, then the second phase focuses on the severity of the injuries and their impact on the plaintiff’s life. Medical records will play a key role in this phase as the jury considers the injuries the plaintiff has suffered, the cost of treating those injuries, and how those injuries will impact the victim in the future.

It can be helpful to submit evidence that helps the decision-maker understand the effect the injuries have had and will continue to have. For instance, if the plaintiff has kept a journal documenting the pain experienced each day and how the pain and other consequences of the injury prevent them from participating in the life they enjoyed before, that can go a long way toward conveying the agony experienced as a result of the injuries. An experienced and thorough personal injury lawyer can help prepare other evidence to demonstrate the impact of the injuries in this phase of the trial.

Find Out What the Process Might Be Like in Your Case

At Michael M. Day Law Firm, our experienced and compassionate team works hard to ensure that our clients recover the maximum compensation available in the particular circumstances of each case. To learn more about the process, timeline, and recovery in your case, we invite you to schedule a free, no-obligation case evaluation. Just call us at 404-480-4284 or contact us online to get started.