When your lawyer files your complaint, he may request a jury trial. In a jury trial, a group of randomly selected citizens from your area serve as the "judge of the facts." A jury collectively decides who to believe and what to believe, deciding all questions of disputed fact. After all evidence is presented, the jury will use directions from the judge (called jury instructions) to decide the three most important questions in any civil trial: fault, causation and damages. Questions of fault ask the jury to decide how much fault each of the parties bears for the injuries. Questions of causation ask the jury to decide whose fault caused what injury. At the end, the jury assigns a dollar value to each injury it believes was caused by the defendants’ actions. The jury does all of this according to the judge’s instructions and a verdict form provided by the judge. The judge presiding over a trial, who may also be called the court, is "the judge of the law." His or her job is to preside over all the courtroom proceedings, to keep the trial on track (according to procedural rules) and decide any questions of law. Questions of law can be about either matters of procedure (such as whether a line of questioning is appropriate) or matters of substance (such as whether the defendant may present a certain technical legal defense).

The judge also instructs the jury concerning how the law affects the facts they are deciding, through the use of jury instructions. For example, if you claim the defendant was negligent, the judge will provide the jury a definition of negligence. This definition will be one that has been decided in prior appellate court decisions, or by the state legislature.

There is another type of trial, called a bench trial, in which a judge decides the issues without a jury. If your lawyer thinks you should consider a bench trial, he will discuss it with you in advance. As with all aspects of your case, you will make the final decision, using your lawyer’s advice.