Personal injury lawsuits unfold differently depending on the specifics of the case, but there is a basic structure to which all cases adhere. Essentially, there are several stages in personal injury claims that either result in a pre-trial settlement or a trial verdict. Understanding what to expect when it comes to the lawsuit can help take some of the stress out of the process. Your personal injury attorney can represent you every step of the way, as well as answer any questions or address any concerns. Here are the basic stages a personal injury lawsuit may include:
Preliminary Interview
The first step in your personal injury lawsuit involves meeting with your lawyer and laying out the basics of the case. The main purpose of this meeting is to determine whether the claimant has a valid suit that will survive in court and to pinpoint which specific laws are applicable to the outcome.
Initial Court Filing
The purpose of filing a summons and complaint in court is to make both the court and the defendant aware of the harm you have endured as well as your expectations for damages in terms of lost wages, medical expenses, and pain and suffering.
Fact-Finding and Discovery
Essentially, the process of discovery involves opponents in a lawsuit gathering information from each other to establish the facts of the case. Some information is determined “privileged,” meaning that, by law, the opposing party cannot access that particular data. At this time, evidence is also collected through witness statements, inspection reports, and medical records.
Pre-Trial Examinations
In this stage, all parties testify under oath—although not before a judge, but rather in the lawyers’ offices. These testimonies are important, as they lend significant insight into the strengths and weaknesses of the case, and can sometimes result in a pre-trial settlement or a motion to dismiss.
Mediation and Negotiation
This stage can occur at any time during the case to reach a pre-trial settlement and is desirable, as it can often save valuable time and resources. Essentially, negotiation can take place within any context, whereas a mediation can be scheduled by the court handling your case.
Trial
The formal trial involves the presentation of physical evidence as well as oral testimony in front of a judge and jury to support each lawyer’s arguments and legal theories. Often experts play a role in this process, including medical specialists and accident reconstruction scientists.
Verdict
Once the jury has deliberated, the judge issues a final judgment. If the plaintiff has successfully proven his or her case, then this may include a monetary damages award that the defendant must pay to compensate for the personal injuries suffered.
Appeal
In most personal injury lawsuits, either party is allowed to appeal on the basis of a legal error or dispute. It’s important to note that the error must be legal—for instance, a claim to which the wrong law was applied.