Personal injury lawsuits are often necessary for people who have been hurt due to someone else’s negligent or reckless behavior. The process of filing and pursuing a claim, can be complicated and intimidating, however. Knowing about the steps involved helps alleviate some of the stress and anxiety that comes with the process.

Initial Consultation with an Attorney

First, you’ll have a meeting with a personal injury lawyer, during which he or she will learn about your accident and the details of any injuries. The lawyer will also want to know about your treatments, expenses, and any insurance claims that have already been made.

The process lets the attorney review the facts and decide whether you have a valid case and if it’s something he or she can take on. From there, you’ll learn about possible outcomes, including the chances of a settlement or trial. At that point, it’s a good idea to ask questions about the lawyer’s experience and fees.

Consultations are usually free, and they generally last anywhere from 30 minutes to an hour. Afterward, it may take a few days for the lawyer to decide whether the firm will move forward with the case.

Investigation and Evidence Gathering

The next step involves a thorough investigation and the collection of evidence. Your attorney will amass all relevant information to support your claim, including police reports, hospital records, and witness statements.

Your lawyer or legal team will also investigate the behavior of all other parties, which could involve examining accident reports, video footage, and even hiring professionals to analyze the situation. The goal is to establish that another individual or company acted in such a way that directly led to your injury.

These investigations can take a few weeks or several months. The exact timeline depends on how complicated the case is.

Filing the Complaint (Lawsuit)

Your lawyer will then file a lawsuit (a formal complaint) with the relevant court, often within a few months of the evidence-gathering phase. The suit will outline the details of your case, from the events that led to the injury to the legal basis of your claim, and it will also name the people or entities responsible and request compensation for your damages.

The defendant or defendants will receive a copy of the complaint and be given a set time frame (often 20 to 30 days) to respond. They may choose to settle or start negotiations at that point, but the case will usually move on to the discovery phase next.

Discovery Phase

During discovery, all sides exchange information and evidence relevant to the case. It gives the parties a chance to provide their sides of the story and understand the strengths and weaknesses of the other’s claims.

Both plaintiffs and defendants can conduct depositions, where witnesses and other individuals answer questions under oath. Your lawyer might also ask for additional material through written requests.

The discovery phase can be lengthy, possibly lasting six months to a year. Longer or more complicated cases could require even more time.

Pre-Trial Motions and Settlement Discussions

Pre-trial motions are requests made to the judge by one or both sides to resolve certain issues before a case proceeds to trial. For instance, a defendant may file to dismiss the case based on sufficient evidence—or the plaintiff could ask the court to rule in his or her favor without a trial.

This step usually occurs three to six months after discovery, although it might continue until the trial date. It is also the time during which settlement discussions tend to intensify. Most personal injury cases settle out of court because the parties want to avoid the time, cost, and uncertainty of trial proceedings. Settlements can take place at any time during the lawsuit process.

Trial

If settlement talks take place but fail, the case goes to trial. Both sides will present its case in front of a judge or jury (or both). The plaintiff will show evidence in an attempt to prove the defendant is responsible for the incident, while the latter will counter with evidence or arguments to defend its actions.

Trials can last anywhere from a few days to several weeks. Once both sides have made their arguments, the jury or judge might deliberate for hours or days before they reach a decision.

Post-Trial and Appeals

If you win your case, the defendant can appeal the decision, which involves asking a higher court to review the decision and determine whether any legal errors may have affected the outcome. If an appeal is made, the case could go through an additional round of proceedings that can take months or even years to resolve.

If an appeal is not filed, the court will issue a judgment, and you’ll begin the process of collecting your damages. It may involve negotiating a payment plan with the defendant or working with a collection agency.

Move Forward with Confidence on the Path to Justice

A personal injury lawsuit involves several steps, and each one requires careful consideration and attention. Though the timeline for each case can vary depending on the circumstances, the overall process generally remains the same.

As such, it helps to understand the basics of the phases of legal proceedings to help relieve some of the stress and confusion that a personal injury claim often triggers. With the right attorney to guide you through the process, you can feel more confident about moving forward and your chances of getting the compensation you deserve for your injuries.