Lawsuits & Litigation · Trial
Personal Injury Trials in Missouri
Only a small percentage of personal injury cases reach trial, but the possibility of trial shapes every negotiation. This page explains how trials work — the process, the jury's role, the burden of proof, and possible outcomes.
The short answer
What happens at a personal injury trial?
Direct answer: At trial, each side presents evidence — witness testimony, documents, and expert opinions — to a judge or jury. The plaintiff presents first, then the defense. The fact-finder (jury, or judge in a bench trial) decides whether the defendant is responsible and what to award. The plaintiff generally must prove the case by a preponderance of the evidence — more likely than not. In Missouri, fault percentages may reduce any award.
Related resources
The trial process
How a trial unfolds.
- Jury selection: Potential jurors are questioned and chosen to serve on the jury.
- Opening statements: Each side outlines what it expects the evidence to show.
- Plaintiff’s case: The plaintiff presents witnesses, documents, and experts, with cross-examination by the defense.
- Defense case: The defense presents its own witnesses and evidence, with cross-examination.
- Closing arguments: Each side summarizes its position and asks the fact-finder to decide in its favor.
- Jury instructions: The judge explains the law the jury must apply.
- Deliberation and verdict: The jury considers the evidence and returns a verdict.
Burden of proof
More likely than not.
In a personal injury trial, the plaintiff carries the burden of proof. The standard is generally a preponderance of the evidence — meaning the plaintiff must show it is more likely than not that the defendant’s conduct caused the harm. This is a lower standard than the beyond-a-reasonable-doubt standard of criminal cases.
Practically, the plaintiff must convince the fact-finder that their version of events is more convincing than the defense’s. The evidence does not need to be overwhelming; it needs to tip the scales. Understanding this standard helps explain why trials turn on the relative weight of evidence rather than certainty.
Possible outcomes
What a trial can produce.
A trial can end in a verdict for the defendant — meaning no recovery — or a verdict for the plaintiff, with damages awarded. In Missouri, the jury may also assign fault percentages under the comparative fault framework, reducing the award by the plaintiff’s share.
After a verdict, either side may file post-trial motions or appeal. A verdict in the plaintiff’s favor establishes the right to recover, though collection and any appeals can take additional time. Most cases never reach this stage — but for those that do, the trial is where the evidence is finally weighed and decided.
Frequently asked questions
Common questions, answered directly.
General information only, not legal advice for any particular situation.
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Related resources.
Practice areas
Kansas City area
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