What To Expect During A Personal Injury Lawsuit Process

Have you suffered injuries from an accident which resulted from someone else’s mistake?

If you lack knowledge about the process you may feel overwhelmed by initiating a personal injury lawsuit. The U.S. sees over 400,000 personal injury claims filed every year so rest assured you are not alone according to federal data.

But here’s the good news…

The majority of personal injury lawsuits settle before reaching trial. The fact that 95% of personal injury cases reach a settlement before trial indicates your case may conclude quicker than expected.

I will guide you through each step of a personal injury lawsuit so you can approach every stage with confidence.

What You’ll Learn Today:

1. Initial Steps After an Injury
2. The Pre-Litigation Settlement Process
3. Filing Your Personal Injury Lawsuit
4. Discovery Phase and Settlement Negotiations
5. Trial Process and What to Expect

Initial Steps After An Injury

The process of filing a personal injury lawsuit starts well before any paperwork gets submitted to the court. The actions you take right after an injury can greatly affect how your legal case turns out.

You must take these steps after you experience a personal injury.

• Visit a doctor right away because healthcare professional evaluations are necessary for even seemingly minor injuries. Medical records are crucial evidence.

• Capture images of your injuries and damage along with photos of the accident scene and any damaged property. Maintain a daily log that records your symptoms and tracks how the injury disrupts your routine.

• It is crucial to report the incident through official channels such as filing a police report after a car accident or completing an incident report at a business because documentation is important.

• Don’t share details about your accident on social media or provide recorded statements to insurance companies before consulting with your attorney.

Workplace injuries continue to represent a major problem since 2.6 million nonfatal occupational injuries/illnesses took place in 2023 and 5,486 fatal workplace injuries took place in 2022.

Your first step should be filing a workers’ compensation claim when you sustain a workplace injury. Workers’ compensation insurers have sustained profitability through a combined ratio below 100% for ten straight years leading to their quick settlement motivation.

The Pre-Litigation Settlement Process

The majority of personal injury cases settle before they ever reach the stage of filing a lawsuit.

After your injury, consulting with an experienced Texas personal injury law firm should be your priority. A professional personal injury lawyer usually tries to reach a settlement with the liable party’s insurance company before starting a lawsuit.

Here’s what happens during this phase:

• Your lawyer will generally assess your claim’s value after you’ve achieved maximum medical improvement (MMI).

• Your attorney conducts a case investigation by collecting evidence and interviewing witnesses while reviewing medical records and getting input from experts.

• The demand package preparation phase involves creating a detailed demand letter which outlines your injuries along with liability information and your compensation request.

• The insurance company replies to your demand with a counter-offer that is significantly lower than your original request.

Your case can require a resolution time between several months to one year based on how complex your situation is and how severe your injuries are.

The 78% increase in personal injury and product liability filings through March 31, 2024 has overwhelmed insurance companies with claims leading them to adopt more aggressive settlement tactics.

Filing Your Personal Injury Lawsuit

Should pre-litigation discussions fail to deliver a reasonable settlement offer your attorney will proceed to initiate a formal lawsuit. Filing your lawsuit transfers the negotiation discussions to the judicial system without guaranteeing a trial will occur.

Filing a lawsuit involves several important steps:

• The complaint document details your accusations against the defendant along with your legal claims and the damages you desire.

• Your attorney submits the complaint to the proper court and handles the payment of the filing fee.

• Through the service of process legal procedure, the defendant receives official notification about the lawsuit.

• The defendant needs to submit a response to your complaint within a limited window that typically spans 20-30 days.

The lawsuit’s filing marks the start of a completely new timeline. The court will establish deadlines for different litigation stages by issuing a scheduling order.

Defendants win nearly 90% of medical malpractice cases resolved through trial verdicts among the 17,000 cases filed annually in the U.S. This statistic demonstrates why plaintiffs often choose settlement over going to trial.

Discovery Phase And Settlement Negotiations

The discovery phase allows both parties to learn about each other’s collected evidence. The discovery phase typically represents the longest stage in the process because it can extend to several months for difficult cases.

During discovery, both parties can:

• During discovery both parties have the right to demand medical records and other documents including accident reports and internal memos.

• Plaintiffs submit written questions known as “interrogatories” which require responses under oath.

• Through depositions attorneys conduct sworn formal interviews that court reporters transcribe.

• In discovery requests admissions must require one party to confirm or refute specific facts.

The defense team will examine your medical history along with your employment records and social media profiles during this phase which can be intrusive. Discovery functions reciprocally because your lawyer will obtain useful details about the defendant.

The settlement negotiations become more intense during the continuation of the discovery phase. The court has the authority to mandate mediation which involves formal negotiations overseen by an impartial mediator.

Mediation has several advantages:

• Mediation occurs in a conference room which differs from the formal setting of a courtroom.

• The mediation settlement process allows you to have direct input into any agreed terms.

• Mediation leads to faster settlement completion compared to full trial proceedings.

Both parties state their case during mediation to help the mediator discover areas of agreement. The fact that personal injury plaintiffs win more than 90% of their cases during trial drives defendants to seek settlements.

Trial Process And What To Expect

Should your case join the 5% that go to trial here’s what you should anticipate during the trial phase:

The trial process typically follows these steps:

• Attorneys from each party question potential jurors during jury selection to form an impartial jury.

• During opening statements both parties summarize the main points of their cases.

• Your attorney introduces evidence and witnesses to build your case during the Plaintiff’s case phase.

• The defendant presents their own evidence and witnesses during their case.

• The closing arguments stage features both attorneys who recap their respective cases and request a jury decision in their favor.

• The jury examines the case in private sessions to determine a verdict.

The duration of personal injury trials ranges from a single day to multiple weeks based on the complexity of each case. During the trial process settlement discussions can continue in secret between the parties involved.

Despite falls on the same level being responsible for 17% of disabling workplace injuries costs in 2024 these cases usually settle out of court since liability typically stands out clearly.

After winning your case your attorney will take steps to collect the judgment through various means.

• The insurance provider of the defendant typically pays most legal judgments.

• Defendants can sometimes work out a payment plan for the judgment amount.

• The defendant has the option to appeal which has the potential to postpone payment.

The Bottom Line: Know What To Expect

Personal injury lawsuits present numerous challenges but gaining knowledge about the process helps to alleviate the stress. Remember these key takeaways:

• The majority of cases settle before trial since discovery helps each party understand their strengths and weaknesses.

• The length of the legal process ranges from months for uncomplicated cases to years for complicated ones.

• Experienced legal representation plays a vital role during every stage of the legal process.

• You play an important role in your case by following your doctor’s instructions and by being truthful with your attorney.

The legal system implemented efficient case handling procedures due to the annual filing of over 400,000 personal injury claims and a 78% increase in personal injury filings by March 31, 2024.
A clear understanding of your personal injury case type from car accidents to workplace injuries through medical malpractice to other injuries will help you confidently handle your legal situation.

We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.