Our Litigation Approach
Understanding the Path to Trial
At MPTL, we represent clients who have suffered serious injuries or the loss of a loved one. As experienced trial lawyers specializing in complex personal injury and wrongful death cases, we understand that the litigation process can feel overwhelming. This guide explains what to expect as we take your case from filing through trial.
The Litigation Timeline
Complex injury and wrongful death cases in California and federal courts typically take no less than 18 months from filing to jury trial. More often, they do not reach trial before two years. Here’s why.
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Once we file your lawsuit, the formal litigation process begins. The defendant must respond to our complaint, typically within 30 days. There may be initial motions, amendments to pleadings, and procedural issues that must be resolved before the case is formally “at issue” and ready for discovery.
This phase typically takes 60 to 120 days and establishes the legal framework for everything that follows.
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Discovery is the most critical investigative phase of your case. This is where we gather the evidence, testimony, and documentation necessary to prove your case to a jury. Discovery requires exceptional skill, experience, and strategic thinking.
Depositions: We take sworn testimony from parties, witnesses, treating physicians, police officers, family members, and anyone else with relevant knowledge. The defense does the same. These depositions create a permanent record and often reveal critical admissions and inconsistencies.
Written Discovery: We serve and respond to interrogatories (written questions), requests for production of documents, subpoenas to third parties, and requests for admissions. This paper trail forms the evidentiary foundation of the case.
Document Collection: We obtain medical records, employment records, accident reports, surveillance footage, maintenance logs, corporate documents, insurance policies, and any other relevant materials.
This process often takes 6 to 12 months in serious injury cases and cannot be rushed. Thorough discovery is what separates strong cases from weak ones.
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Modern personal injury and wrongful death cases require expert testimony. Juries rely on qualified professionals to explain complex medical, scientific, and technical issues.
Our Experts: We retain medical experts, accident reconstruction specialists, engineers, biomechanical experts, economists, life care planners, and other professionals who will help present your case to the jury. These experts must review extensive materials, conduct independent analyses, and prepare detailed reports.
Defense Medical Examinations: Defense experts are often entitled to conduct independent medical examinations. We thoroughly prepare our clients for these evaluations.
Scientific Analysis: Depending on the case, experts may analyze failed products, vehicles, roadway conditions, security footage, crash data, GPS records, and other technical evidence. This forensic work is time-consuming and expensive—but essential to proving liability and causation.
This phase takes months and represents a significant investment in your case.
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The final 90 days before trial is the most intensive phase of the case.
Expert Disclosure: We disclose our experts and receive the defense’s disclosures, including reports, qualifications, and supporting materials.
Expert Depositions: We depose defense experts to understand their opinions and identify weaknesses. They do the same with our experts. Preparation here is critical—weak expert testimony can undermine an entire case.
Witness Preparation: We work closely with clients, fact witnesses, treating physicians, and experts to ensure everyone is prepared to testify clearly and effectively.
Demonstrative Evidence: We collaborate with consultants to develop visual evidence that helps juries understand complex issues—animations, medical illustrations, timelines, and other trial exhibits.
Trial Motions: We prepare and argue motions in limine and other evidentiary motions to shape what the jury will and will not hear.
This final stretch requires complete focus from our trial team.
The Trial
Trials in serious injury and wrongful death cases typically last anywhere from one to five weeks, depending on complexity and the number of witnesses.
We bring a full team to every trial: multiple attorneys, trial paralegals, courtroom technology specialists, and jury consultants.
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Before the jury enters the courtroom, attorneys argue motions to resolve evidentiary and procedural issues that can significantly impact the outcome of the trial.
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After preliminary motions, jury selection (voir dire) begins and typically takes two to three days.
A jury of 12 individuals is selected from a larger pool, often exceeding 100 potential jurors. It is important to understand that a jury is not “selected” in the traditional sense. Jurors are placed in the box randomly, and each side has opportunities to remove individuals through challenges for cause and limited peremptory challenges.
The final jury is not the group you chose—it is the group that remained. Jury selection is a critical component of trial advocacy and can influence the outcome of your case.
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Once the jury is sworn in, each side presents an opening statement. This is where we outline the case—what happened, why the defendant is responsible, and what the evidence will show.
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After opening statements, we present our case.
Plaintiff’s Case: We call witnesses including our client, family members, treating physicians, and experts. Each witness is examined by our attorneys and then cross-examined by the defense.
This phase may take days or weeks depending on the complexity of the case. We present documents, photographs, videos, expert opinions, and demonstrative evidence to establish liability and damages.
Defense Case: The defense then presents its case. Their witnesses testify and are subject to our cross-examination, where we challenge their positions and expose weaknesses.
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Closing Arguments
After all evidence is presented, both sides deliver closing arguments. This is our opportunity to bring the case together—explaining why the evidence supports a verdict in your favor and what constitutes fair compensation.
Asking for Damages: We ask the jury to award a specific amount to compensate for your losses. In serious injury and wrongful death cases, this can involve significant damages. We explain the full scope of harm—medical expenses, lost income, pain and suffering, loss of enjoyment of life, and, in wrongful death cases, the profound loss of a loved one.
The judge instructs the jury on the law they must apply. These instructions are critical and often heavily litigated before trial.
The jury then deliberates in private. There is no set timeline—deliberations may take hours, days, or longer depending on the complexity of the case.
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The trial concludes when the jury reaches a verdict. The decision is read in open court and represents the culmination of months or years of preparation.
If the verdict is in your favor, judgment is entered and the defendant is legally required to pay the awarded damages.
Why Experience Matters
Personal injury and wrongful death trials are among the most demanding areas of legal practice.
They require not only legal knowledge, but courtroom skill, strategic judgment, and the ability to communicate complex evidence clearly and effectively.
We are a boutique firm—and that sets us apart from large advertising firms that handle hundreds or even thousands of cases at a time. At McElroy Parris Trial Lawyers, we intentionally handle a limited number of cases so we can devote meaningful time and attention to every client. We take the time to truly know you as a person—to understand not just your injuries, but who you are, what you are going through, and how this has impacted your life and your family.