Bifurcation is a strategy that could significantly shape the outcome of a personal injury case.
So, what exactly is it?
In this post, we'll unravel the concept of bifurcation, exploring its potential applications and the consequences it holds for both plaintiffs and defendants.
While bifurcation isn't a tactic used in most personal injury cases, it's certainly something worth having on your radar.
Understanding bifurcation
To put it simply, bifurcation in a personal injury case refers to a court’s decision to divide a case into two stages for trial.
- Liability phase: The first phase focuses squarely on determining who is at fault for the accident. In this phase, the court listens to the evidence and decides whether the defendant is legally responsible for the injuries sustained by the plaintiff.
- Damages phase: If liability is established, the case moves into the damages phase. In this phase, the discussion shifts to the impact of the accident on the plaintiff’s life. The court looks at medical bills, lost wages, pain and suffering, and other damages to determine how much the defendant should pay to adequately compensate the plaintiff.
Implications of bifurcation on personal injury cases
Bifurcation carries strategic implications for both parties in a personal injury case.
- Defendants: For defendants, bifurcation can serve as a tool to potentially reduce the overall amount of damages awarded. By separating the discussion of who is at fault from how much compensation is due, there's a possibility that the outcome, in terms of awarded damages, could be influenced less by emotional factors and more by the specifics of the case.
- Plaintiffs: For plaintiffs, bifurcation might lead to a more streamlined and faster resolution of the liability question. On the other hand, it could result in a less sympathetic hearing during the damages phase. Moreover, splitting the trial into two separate phases may increase legal costs and prolong the overall timeline of the case.
Consider the following hypothetical:
Sarah was severely injured in a car accident caused by a distracted driver. In her pursuit of justice, she faces the strategic decision of whether to support or oppose a motion for bifurcation filed by the defense. On the one hand, bifurcation could expedite the process of establishing the distracted driver's liability, a matter seemingly straightforward given the clear evidence against them. This swift liability determination could simplify the proceedings and bring Sarah closer to obtaining some form of early relief or settlement.
However, Sarah is also aware of the cons associated with bifurcation. The separation of the liability phase from the damages phase means that the jury will initially be shielded from the full emotional and financial impact of her injuries. By the time the trial shifts focus to damages, the jury's emotional resonance with her tragic crash might be diminished, potentially leading to a less generous compensation award than if the jury had a more holistic view of the case from the start. Moreover, preparing for two distinct trial phases could drain Sarah's already limited resources, extending the emotional and financial strain on her and her family.
Bifurcation’s impact on settlements and trial strategy
Bifurcation can alter the landscape of settlement discussions. Once liability has been established in the first phase, defendants might be more inclined to settle before moving on to the damages phase, especially if the evidence of liability is strong and the prospects of minimizing damages in trial seem slim.
Bifurcation also influences how attorneys prepare for and present their cases. For plaintiffs, knowing that the trial will focus solely on liability or damages at any given time allows them to tailor their arguments and evidence more precisely. However, this focused approach requires meticulous preparation for each phase, often under tight deadlines between phases. Both sides must strategically plan their presentations, witness testimonies, and evidence to adapt to the bifurcated structure, which can be both a challenge and an opportunity.
Initiating the bifurcation process
The process of initiating bifurcation begins with the filing of a motion—a formal request to the court asking for the trial to be bifurcated.
This motion can be filed by either the plaintiff or the defendant, although it is more commonly seen as a defense strategy.
The motion must outline clear reasons why dividing the trial into two distinct phases would benefit the judicial process, enhance fairness, or both. These reasons often hinge on arguments such as the complexity of the case, the potential for prejudicial evidence to sway the jury unfairly if presented in a unified trial, or the efficiency and clarity that can be achieved by focusing on liability and damages separately.