What Are the Steps of a Personal Injury Lawsuit?
It’s easy for us lawyers to forget that most people have never been involved in a lawsuit. Here are the typical steps to a personal injury lawsuit so you can better understand the process:
1. Pre-suit
This is everything that happens right after the accident occurs and you’ve undergone initial medical treatment.
Evidence gathering: We will collect pertinent medical records, police reports, photographs, and witness statements.
Settlement preparation: Most of these items will be sent to the insurance company representing the other party to:
Understand their settlement position.
Inform them about the severity of your claim so they allocate appropriate funds for your case right away.
2. Filing the Complaint
The first real step in a lawsuit is to file a complaint.
This is typically based on the residence of the parties or where the accident occurred.
3. Discovery Phase
After the defendants file their Answer to the Complaint, the discovery phase begins.
Exchange of documents: Both parties send written documents regarding the facts and evidence to each other.
Depositions: Questions regarding the case are asked and answered under oath, with everything recorded. This is typically done outside of court.
Delays: Defendants often try to hold evidence back or create issues regarding what they must turn over, which can prolong this phase.
4. Motion Practice
During this pre-trial phase:
If there are issues causing delays (e.g., in discovery) or if we want the court to make a determination (e.g., declaring the defendant 100% at fault), we will:
File motions with the court to seek remedies.
Timing: Motions can remain pending for several months.
5. Preparing for Trial
If the case still cannot be settled, we notify the court that we are ready for trial.
Court delays: Due to crowded court schedules, there is often a long wait.
Trial preparation: During this time, we ensure everything is ready to proceed as soon as possible.
Key Takeaways
Personal injury lawsuits are NOT fast-moving.
Hire an attorney who is proactive and stays ahead in your case instead of just reacting to the defendant’s moves or court orders.
Patience is critical.
You want to be intentional and careful every step of the way.
However, there’s a difference between being patient and letting a case drag on due to lack of action.
If you have any questions or need legal advice, don’t hesitate to reach out. Having the right attorney can make all the difference in navigating this process.
