What To Expect During A Personal Injury Lawsuit
When someone is injured due to another party’s negligence, they may be entitled to pursue compensation through a personal injury lawsuit. While every case is different, most follow a similar process from start to finish. Knowing what to expect can help you feel more confident and informed as your case moves forward.
Initial Medical Attention And Case Evaluation
After an injury, the most important step is getting proper medical treatment. This not only protects your health but also documents your injuries, which becomes a key part of your claim. Once your condition is stable, your personal injury lawyer will typically review the facts to assess whether there is a viable personal injury claim. They’ll look at the nature of the injury, how it happened, and whether there is a party who can be held legally responsible.
Investigation And Evidence Collection
A solid personal injury case is built on evidence. After deciding to move forward, your attorney will gather records, speak to witnesses, request video footage if available, and secure expert input where needed. This stage may also include reviewing insurance coverage details and loss documentation, such as medical bills, proof of lost wages, or property damage estimates. These materials help build a clear picture of how the injury occurred and the full extent of damage.
Filing The Lawsuit And Serving The Defendant
If a fair settlement isn’t reached early on, your personal injury attorney may recommend filing a formal lawsuit. This begins the litigation phase. The lawsuit must be filed within the statute of limitations, which varies by state. Once filed, the complaint is served on the defendant, who then has a limited window to respond. Their response will generally admit, deny, or claim insufficient knowledge of each allegation, and may raise defenses.
Discovery Phase And Pre-Trial Proceedings
Discovery is the process where both sides exchange information and evidence. It typically includes written questions (interrogatories), document requests, and depositions. This stage can be lengthy, depending on the number of parties and the complexity of the case. Pre-trial motions may also be filed during this time, such as requests to dismiss certain claims or exclude evidence.
Mediation Or Settlement Negotiations
Before trial, many courts encourage or require parties to participate in mediation or settlement discussions. This is an opportunity to resolve the dispute without going to court. If both sides can agree on terms, a settlement is finalized, and the case concludes. Many personal injury claims are resolved at this stage.
Trial And Verdict
If the case doesn’t settle, it proceeds to trial. A judge or jury will hear the evidence and arguments from both sides and decide the outcome. Trials can range from one day to several weeks, depending on the issues involved. After hearing testimony and reviewing exhibits, the court will issue a verdict, which may include a compensation award if the plaintiff prevails.
Although the personal injury lawsuit process can take time, knowing what lies ahead can make a significant difference in your peace of mind. Attorneys like those at our friends at Hickey & Turim, S.C., can attest to the value of preparation, open communication, and thorough case development. If you’re considering filing a personal injury lawsuit, we encourage you to speak with someone who can guide you through each phase of the process and help you determine the best course of action.
