Stages of a Personal Injury Case

Accident and injury lawsuits can take many forms, but the basic stages of a personal injury case usually remain the same. FindLaw’s Stages of a Personal Injury Case section provides a basic overview of the different stages of a typical personal injury case. This article also offers some information about each stage.

In this article, you can find more information about:

• What to expect when meeting with an attorney
• What initial court filings are involved
• What happens in a personal injury trial
• How to collect on a judgment

Every injury case is different. To get direct help for your specific case, consult a local personal injury lawyer. They can explain how the process may unfold in your circumstances.

Getting Medical Treatment

After a car accident or another type of accident, seek medical treatment as soon as possible. Medical treatment helps to diagnose and treat your injuries, and the medical records generated during treatment can serve as evidence in your case.

The extent of your injuries, determined by your healthcare providers, will significantly influence your claim’s value. Keep a detailed account of all medical bills associated with your treatment. These records will be necessary to establish the cost of your medical expenses in your lawsuit.

Dealing with Insurance Companies

Once an accident injury happens, one of the first steps you’ll likely take is to contact the insurance company. Insurance companies play a huge role in personal injury lawsuits, especially in car accidents. They often handle claims and negotiate settlements.

If you are at fault, your insurance company may bear the responsibility for compensating the other party for their medical expenses and other damages. If the other party is at fault, their insurance company may be responsible for your damages.

Remember that insurance companies are businesses, and their goal may be to minimize payouts. This is why it can be in your interest to also hire an attorney during this stage. A lawyer’s duty is to recover the maximum compensation for their client.

Choosing the Right Law Office

Before choosing a law office to handle your case:

• Consider getting initial consultations with a few different lawyers
• Find out about their experience, success rate, and whether they’re equipped to handle your type of case
• Keep in mind that a good personal injury lawyer should make you feel heard and ensure that you are kept updated throughout the lawsuit process

An initial consultation with a personal injury lawyer can provide you with:

• Valuable insight into your claim’s potential value
• The estimated timeline
• The complexity of the lawsuit process

Hiring Your Personal Injury Lawyer

Many personal injury lawyers work on a contingency fee basis. This means they receive a portion of your personal injury settlement if you win your case. They don’t charge you legal fees if you don’t win (but you may be responsible for costs and expenses).

Once you sign the agreement to hire your lawyer, they can start working for you. They can help gather evidence, handle communication with the insurance company, and take other steps to protect your claim. 

Sending a Demand Letter and the Negotiation Process

Once your lawyer has gathered all relevant information, including medical bills, police reports, and evidence of fault, they will send a demand letter to the at-fault party’s insurance company.

A demand letter details:

• The extent of your injuries
• The costs associated with your medical treatment
• Any lost wages and other damages

The insurance company will review the demand letter. Your lawyer will then negotiate with the insurance company to try to reach a satisfactory settlement.

If you reach a fair settlement offer, you would need to waive your right to sue in exchange for this guaranteed compensation. The case would close when you accept the offer. Your attorney can help explain the structure of your settlement and other details before you decide whether to settle.

Filing Your Lawsuit

If you cannot reach a settlement through pre-trial negotiation or mediation, the next step would be to formally file a lawsuit. This process begins with drafting and filing a complaint or petition with the appropriate court.

The filing document will:

• Outline your claims against the defendant
• Detail the relevant facts
• Specify the damages you are seeking

Once the lawsuit is filed, it must be properly served on the defendant, often by a process server or law enforcement officer. This provides them with official notice of the lawsuit. The defendant then has a specific amount of time to respond to your complaint, typically by filing an answer.

Following the filing and serving of the lawsuit, you then move into the discovery phase.

Completing the Discovery Phase

If your case cannot be resolved through a settlement, there is a phase before the trial called the discovery phase. Discovery is the process that allows each side to obtain relevant facts from the opposing side. This process reduces the possibility of surprises during the trial and allows each side to prepare fully for the case.

The basic methods of the discovery process include:

• Written discovery
• Document production
• Depositions

Written Discovery

Written discovery generally consists of interrogatories and requests for admission. Interrogatories are questions that require your version of the facts and your claims in the case that must be answered under oath. They can be pre-printed “form” interrogatories, or “special” interrogatories, which are questions specific to your case.

The other type of written discovery is a request for admission. Requests for admissions simply ask a person to admit or deny certain facts regarding the case. They are used to limit the issues for trial. Generally speaking, there are limits to how many interrogatories and requests for admission each side can ask.

Document Production

Document production is just as it sounds; each side asks the other side to produce documents that are relevant to the case. The documents requested depend on the type of case, but they can include anything from business records to medical records.

Document production can include:

• Emails
• Word processing files
• Copies of medical records
• Copies of financial statements
• Insurance policy documents
• Contracts
• Spreadsheets
• Social media posts
• Any other form of data that can be stored electronically

Because much of modern life is digital, courts now typically consider electronic files as a standard part of the document discovery process. Known as electronic discovery or eDiscovery, this process involves the identification, collection, processing, and production of electronic data with the intent of using it as evidence in a legal case. This shift has made electronic data the norm rather than the exception in the discovery process.

Depositions

Depositions are another useful discovery tool. In a deposition, a person (who is under oath) answers an attorney’s questions, and a court reporter makes a transcript of everything said during the deposition. There are several reasons to depose someone, and each attorney has their own strategy for depositions.

The common reasons for depositions are:

• To obtain information relevant to the case
• To lock a person into their story
• To see what the other side has to disclose
• To see how a witness will appear and conduct themselves in a trial

Litigating in a Personal Injury Trial

In a trial, a jury or judge examines the evidence to decide whether the defendant should be held legally responsible for the injuries suffered by the plaintiff. The trial provides the plaintiff the opportunity to present their case in the hopes of obtaining a judgment against the defendant. The trial also gives the defendant a chance to refute the plaintiff’s case.

A full personal injury trial consists of the following phases:

• Jury selection
• Opening statements by each side
• Witness testimony and cross-examination
• Closing arguments by each side
• The judge giving jury instructions
• Jury deliberation and the verdict

A majority of personal injury disputes are resolved before trial through informal settlement negotiations, alternative dispute resolution, or dismissal of the case.

Get a Personal Injury Lawyer on Your Side

If you’ve been injured and you believe that someone else is responsible for your injuries, you might want to contact a local personal injury attorney to discuss the personal injury claim process.

To make sure you don’t exceed the statute of limitations for filing a personal injury lawsuit, accident victims should contact an attorney for a free case evaluation soon after being injured or seeking medical attention.