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Understanding the Key Stages of Personal Injury Litigation Process

Posted on January 11, 2021

Personal injury litigations are filed typically for the sole purpose of seeking compensation for the injuries and harm sustained by the plaintiffs. These lawsuits take different variations, but the foundational basics of a personal injury case usually remain the same.

Here are the key stages of a typical personal injury case you should be familiar with, and a brief overview of what you can expect before, during, and after a personal injury trial.

Meeting and Consulting an Attorney

After an accident — product liability, pollution liability, lender or employment liability, and you feel to pursue compensation through legal means, you should immediately consult with an injury attorney for further directions on your case.

The initial meeting is to establish the facts about what happened, as the attorney gathers more information from you to help build a strong case. It is advisable to assess your situation first so you can be prepared to answer during the meeting, which should not take long especially for less complex cases like car accidents.

Other detailed cases such as product liability, employment, and medical malpractice may take longer during the first meeting with an attorney as it has a lot of things to consider. A good injury attorney will also take you through the practical aspects of your such as legal fees and nature of representation.

Filing and Serving Complaint on the Defendant

After the plaintiff’s attorney establishes that the case is legitimate, the next thing will be to file a personal injury complaint as the first official document in a civil court. This document states in detail the plaintiff’s claims and demands, and the complaint is supposed to be physically delivered to the defendant within 30 days after filing. The idea is to ensure that the defendant receives the complaint in person so they can also prepare for the actual date to appear in court.

After the defendant has been “served” and is aware of the lawsuit, the first thing is to hire an attorney for legal representation. If the defendant is insured then an attorney can be hired and paid on their behalf

Fact-finding and discovery process

During the pre-trial stage in personal injury litigation, the plaintiff and the defendant will be tasked to provide evidence and witness in the build-up phase called discovery. In the initial stages, the two parties involved will come before the judge to discuss the case proceedings — whether to use mediation or arbitration and setting the date should it go to trial.

The discovery stage can take up to a year depending on the case. In this period, both sides scale-up their efforts to try and settle out of the court, making motions on evidences, selecting a jury, among other steps.

The Trial Phase of a Personal Injury Litigation

Typically, a personal injury lawsuit will last at least several days. A period that a judge or jury will listen to both sides and determine if the defendant is liable for the plaintiff’s injuries, and if so, how much should be the compensation.

Both parties can appeal the process, and once it’s over, the defendant will have to honor damages upon losing on the appeal stage.

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