Have you been injured in an accident that was not your fault?
The thought of filing a personal injury lawsuit is overwhelming when you have mountains of medical bills, are in pain, and your family is suffering from lost wages. The entire legal process is foreign and seems needlessly complicated, especially if you have never been through it before.
Familiarity with the different stages of a personal injury lawsuit makes the entire process way less stressful. If you know what to expect up front, you can better prepare and make informed decisions during your claim.
Here’s the thing:
The different stages of a personal injury lawsuit are pretty standard from case to case. There are a few critical phases that nearly every personal injury case goes through from the initial consultation to the final settlement. Experienced personal injury lawyers are trained to know how to handle each stage to maximize your settlement and minimize your stress.
What you’re about to discover:
- Initial Consultation and Case Evaluation
- Investigation and Evidence Collection
- Filing Your Lawsuit
- The Discovery Phase
- Settlement Negotiations
- Going to Trial
Initial Consultation and Case Evaluation
The very first stage occurs before you even file anything.
A personal injury lawyer meets with you during the initial consultation and reviews the facts of your case. The lawyer will ask about the circumstances of the accident, your injuries, and how your life has been affected. They will gather this information to determine if you have a valid claim and estimate how much it is worth.
Personal injury lawyers almost always offer free consultations so you can discuss your case for free. They will explain your legal options and provide an estimated value of your case.
If the attorney believes you have a strong case, they will typically work on contingency. That means they don’t get paid unless you recover compensation. No up-front costs or hourly fees.
Investigation and Evidence Collection
So what makes a weak case strong or vice versa?
Evidence. Duh! After you hire an attorney they will collect as much evidence as possible to support your claim. This includes things like medical records, accident reports, witness statements, photos of the scene, and any other documentation that proves your version of events.
The investigation stage is critical. Your lawyer will bring in accident reconstruction experts, consult with medical professionals, and find any other specialists that can strengthen your case.
This stage can take weeks or even months, depending on the complexity of your claim. The more evidence gathered during this stage, the better your odds are of a positive outcome later in the process.
Filing Your Lawsuit
After the attorney has collected evidence, they will file the official complaint.
The complaint is a document that lists your allegations against the defendant and explains why they are liable for your injuries. The complaint gets filed with the court and officially starts the lawsuit. The defendant then receives a copy and has a limited amount of time to respond.
Most defendants will file an answer to the complaint. The answer will either admit or deny each of your allegations. Sometimes defendants will file counterclaims or attempt to shift blame to other parties.
But before we move on, here’s something critical to understand:
Filing a lawsuit does not mean you will have to go to trial. In fact, 95% of personal injury cases settle before they ever see a courtroom. The lawsuit only provides leverage for negotiations.
The Discovery Phase
Discovery is where the parties exchange information.
The discovery phase involves interrogatories, document requests, and depositions. Sounds complicated, but it’s really just an organized way for each side to learn about the other’s evidence and arguments before trial.
Things you might have to do during discovery include:
- Answer written questions under oath
- Provide documents regarding your injuries
- Sit for a deposition where the defense attorney asks you questions
- Review the defendant’s documents
Discovery can feel a bit invasive. The defense will dig through your medical history, employment records, and even your personal life. They are looking for anything that can reduce their liability or the value of your claim.
Discovery typically lasts several months. Complex cases with multiple defendants or extensive injuries can take even longer.
Settlement Negotiations
Now comes the fun part.
Settlement negotiations occur throughout the lawsuit, but often heat up after discovery. Both sides now have a better idea of the strengths and weaknesses of the case.
Your lawyer will start negotiating with the insurance company or defendant’s attorneys to reach a fair settlement. A lot of back-and-forth will occur. Most initial settlement offers are very low. But a seasoned lawyer knows how to counter those offers and fight for the maximum amount of compensation.
Factors that impact settlement values include:
- The severity of your injuries
- Medical bills and future treatment costs
- Lost wages and earning capacity
- Pain and suffering
- Whether liability is clear or contested
Most personal injury cases settle during this stage because trials are expensive, time-consuming, and unpredictable for both sides.
Going to Trial
If the parties cannot agree on a settlement, the case will go to trial.
Only about 5% of personal injury lawsuits make it this far. But when they do, each side presents their evidence to a judge or jury who then decides the outcome. Trials can last days or even weeks.
Your lawyer will present your evidence, call witnesses, cross-examine the defense’s witnesses, and make legal arguments on your behalf. The defense will do the same. After both sides rest their cases, the jury deliberates and then delivers a verdict.
Trials are very risky for both sides. You could win big or get nothing. The defense might pay less than their settlement offer or face a large judgment. That’s why most cases settle.
On average, tort lawsuits last an average of 23 months from filing to settlement. Cases that go to trial last even longer. But if your case is strong and the defendant won’t offer fair compensation, trial might be your best option.
Wrapping Things Up
Familiarizing yourself with the stages of a personal injury lawsuit can help you stay informed and make better decisions.
From the initial consultation all the way through potential trial, each stage has a purpose and plays a role in building your case and pursuing compensation. While most cases settle before trial, understanding the entire process prepares you for any outcome.
The key is hiring experienced lawyers who know how to navigate each stage and fight for the maximum amount of compensation. The attorneys handle the legal complexities while you focus on recovering from your injuries.
Don’t let confusion over the legal process deter you from filing your claim and getting the compensation you deserve.
