What Are the Steps in a Personal Injury Lawsuit?

What Are the Steps in a Personal Injury Lawsuit?

If you have been injured in an accident caused by another person’s negligence, you need financial compensation for your injuries.

You may be wondering whether or not the negligent party’s insurance company will offer you a settlement, or whether it will be enough to pay for your medical treatment, lost wages, and your pain and suffering.

While there are good reasons to seek a settlement first, if negotiations break down and the insurance company doesn’t offer an amount that you’re willing to accept, your other option is to pursue damages in a court of law.

In this article, we describe the process of pursuing a personal injury lawsuit to get compensated for injuries.

Determining Whether You Have a Viable Case

A successful personal injury lawsuit must establish three things:

• ​That a person was severely injured in an accident
• ​That another person had a Duty of Care to avoid harming the injured person
• ​That their neglect of that duty at least partially caused the accident and thus makes them liable for financial damages associated with the injuries

​For example, if you were struck by an automobile while crossing the street in a marked crosswalk and were in the hospital for several days, you clearly have a potentially viable personal injury case.

• ​You were admitted to the hospital, lost time from work, and were billed for emergency and other medical treatment. This demonstrates the severity (and financial impact) of your injuries.
• ​The law requires drivers to yield to pedestrians in crosswalks. This constitutes a duty of care.
• ​You were struck when the driver failed to yield. Their neglected duty of care caused the accident.

When to File a Lawsuit

Pursuing compensation in a court of law for your injuries and damages resulting from another party’s negligence typically entails substantial trial expenses and higher attorney fees, which are generally subtracted from your award or settlement. The process can also last for months or even years, and carries the risk of losing.

For these reasons, in most circumstances, a lawsuit will be brought only when settlement negotiations with the other party’s insurer have failed to produce an acceptable offer for compensation.

The Complaint and Answer Phase

Your personal injury attorney will submit a complaint to the court in the jurisdiction where the accident occurred, including the following information:

• ​A detailed description of the accident in which you were injured
• ​Allegations of liability (fault)
• ​A declaration of your need for compensation, supported by evidence including financial and medical records

Your complaint is then “served” (officially delivered) to the person or entity you’ve named as the negligent party. They must “answer” this complaint in writing within a given timeframe (usually 30 days from the date of service). The answer document prepared by the negligent party’s insurance company attorneys will include an admission or a denial of liability.

The Discovery Phase

The discovery phase of a personal injury trial is the stage during which you bring forth all of the evidence you’ve collected, including:

• ​Police documentation
• Photo or video evidence
• ​Eyewitness testimony
• ​Expert testimony (especially medical experts)
• ​Medical records
• ​Financial records

Any evidence that may be pertinent to your case should be submitted during the discovery phase. The insurer’s lawyers will likewise gather and submit evidence to refute or minimize their liability.All of this evidence will then be shared by your lawyer and the insurance company attorneys. The discovery process can include deposition (oral questions “under oath”), as well as written questions and requests for documentation, by either party.

The Motions Phase

Motions are requests submitted by either party to the court in an attempt to get the judge to take action on a particular detail of the case.

For example, the defendant can file a motion with the court asking the judge to dismiss the case before it ever goes to trial. Such a dismissal may be granted if you fail to produce compelling evidence that the monetary award you’re requesting has a viable basis, or that the named negligent party is substantially liable for your damages.

Attorneys for either party typically have 28 days to file a written response in opposition to any motions submitted by the opposing party.

The Hearing

Sometimes it is unclear from the documentation and evidence submitted whether a motion should be granted. In such cases, the judge may schedule a hearing to seek clarification on key aspects of your case. This process can result in a motion being denied or granted, and/or a case being dismissed.

Mediation

Courts will often order a settlement meeting conducted by a skilled neutral mediator in an effort to avoid trial.

Although the case will proceed to trial if mediation fails, settlement negotiations will commonly continue during the trial, as attorneys for each party come to understand more about the strengths and weaknesses of each side of the case and the likely outcomes.

Trial

During the trial, the court will attempt to reach two critical decisions:

• ​Is the defendant liable for your injuries?
• ​Is the amount you’ve asked for fair compensation for your losses?

If the answer to the first question is yes, you’ll likely receive a verdict in your favor. If the answer to the second question is yes, the defendant will likely be ordered to pay that amount to you in restitution.

If the answer to either question is no, you may receive no award at all or the court may order the defendant to pay a reduced amount.

Stages of a Personal Injury Trial

The trial can be broken down into six parts:

• ​Jury selection – a jury of your peers is selected.
• ​Opening statements – each party (or typically, their lawyers) states their case.
• ​Witness testimony and cross-examination – each party presents evidence in support of their claims and questions opposing evidence.
• ​Closing arguments – each party restates their case, in a final effort to sway the opinion of the court.
• ​Jury instruction – final instructions from the judge to the jury, such as a reminder of what burden of evidence must be met in order to find liability
• ​Jury deliberation and verdict – the jury discusses the case in a closed session and attempts to reach a unanimous decision

Appeals

Either party to a personal injury trial may file an appeal, which is a challenge to the court’s decision due to errors in the application of law and procedure in a trial. If an appeal to a higher court is granted, the verdict or the award in your case could be changed, or a new trial ordered.

Likewise, if you lose your case, you may be able to appeal if you believe there was an error in the court proceedings. An insurance company that has lost a personal injury case will often use the threat of appeal to negotiate a lower settlement, even after a jury award.

Consult a Qualified, Specialized Accident Lawyer

Typically, the fastest and most reliable way to get the financial compensation you need after being injured in an accident is to craft a powerful demand letter and negotiate a fair settlement with the negligent party’s insurance company, although negotiation doesn’t always succeed.

Be sure to discuss your case with an experienced personal injury lawyer prior to even considering taking an insurance company to court over a personal injury accident.

A free case evaluation with a seasoned attorney can help you get a better sense of the value of your case, the best way to get a reasonable, timely settlement, and the risk and expense as well as the potential benefits of litigation.

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Karen johnson

2 years ago

When I got into my accident I was really not looking for an attorney, however I became frustrated with the other parties insurance company. I then went online and found Sally Morin Law and called for a free courtesy consult. Annie quickly called me back and spent 30 minutes explaining the attorney process. This made my decision easy,,, an All female attorney group certainly did not disappoint. Annie and her team (Amber) were on the case immediately, making calls, sending emails and dealing with the other party insured (or lack of insured). I’m so pleased to have had this incredible team of ladies to help me through this process. They did all their professional expertise, none of which I was capable of. They advocated for me in every way from medical bills, insurance liens, med pay, demand letters, phone calls, emails etc. All I needed to do was send receipts, and most importantly focus on getting better. Thank u team for all u have done. I am grateful for so much,,, and I can say that making that first phone call was the best decision. Keep up the great work and helping others
Sincerely
KJJ

Michael Basti

2 years ago

I unfortunately got injured in an auto accident and called a bunch of different attorneys with little to no help. I called Sally Morin Law and got help from Rebecca who was absolutely fantastic. She was there every step of the way to help and Isn’t just trying to make a quick buck. She took her time with me and went out of her way to help out. Thanks for all the help Rebecca!!

Reba Roseberry

2 years ago

I was t-boned by someone who ran a red light, totaling my car and sending me to the hospital with multiple breaks to my pelvis, among other smaller injuries. Once released from the hospital, I was confused, angry, and extremely anxious about what to do next. A friend encouraged me to seek legal help, and I found the team at Sally Morin. I was drawn to their all-women team, and immediately felt assured that I was in good hands. They took the reigns on handling everything, leaving me significantly more relieved to rest and heal like my body needed. With their help, the case was settled within four months of the accident, and I can now move forward with my life and leave this behind me. I would absolutely recommend the team at Sally Morin to anyone in a similar situation!

John Zientek

2 years ago

I was injured while riding my bicycle and a friend recommended Sally Morin Personal Injury Lawyers. In my experience, they made the process transparent and smooth, allowing me to focus on recovery — they were professional, empathetic, and effective! Rebecca and Carmen made a difficult time much less stressful.

Jimmy Lu

2 years ago

My mom was in a car accident and was badly injured. We wanted her to focus on her recovery without the worries of medical bills and dealing with multiple insurance companies so we hired Sally Morin Lawyers. Fortunately we received Annie Heller who showed strong ownership of the case, dealing with all communications from medical to slow moving insurance companies. Annie and team helped us settle the case with money in my mom’s pocket, but more importantly helped all of us not worry about anything besides my mom’s recovery. thank you!

Shannon Yu

2 years ago

Carmen and team at Sally Morin are the best. Having Carmen and her team for my personal injury case is one of the lucky thing for me in 2024
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result

What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.

Dee49ful

2 years ago

I was very fortunate that, by pure luck, I found Sally Morin’s firm online. It wasn’t recommended to me by anyone, but I now want to recommend them to EVERYONE, especially my fantastic attorney, Annie Heller. Annie was compassionate, honest, attentive, and responsive to my calls and emails. Throughout the entire process of my claim, I felt completely supported by her, and even after my case was successfully settled, she followed up with me. Thank you Annie, for your exceptional legal service!!

Lew Jabro (Havasu Lew)

3 years ago

Amazing! After months and months of going it alone and getting nowhere with our sons accident, and struggling...badly, we were lucky enough to get refered to Sally and Rebecca.

They took over the whole case and handled everything.

The whole team was very personable, professional, keeped us in the loop the entire time and cared about what was going on.

They also set us up with all the right people to make sure the settlement funds were properly handled in the most efficient way for us.

I just dont think we could have done all of this without them. It was a terrible time for our family, and we are very gratefull for everything they did for us! Thank you guys! ~HavasuLew

Kyle Osborn

3 years ago

Rebecca and the Sally Morin team provided invaluable support during a challenging period after our daughter was involved in a car accident. Their care, expertise, and dedication resulted in an outcome that exceeded our highest expectations. Working with them was a great experience, and I wholeheartedly recommend their services to anyone, without hesitation!

Alysia Lyons

3 years ago

I worked with Annie on my case and had such a pleasant experience! I felt supported and understood throughout the whole process. I highly recommend Sally Morin firm. Being injured isn't pleasant, so having a team behind you that's got your back makes the experience that much better.

Ariana D

3 years ago

I just spent the last 8 months working with a team of caring, compassionate, relatable women for my personal injury claim. Brief background: I was hit by a car while riding my bike to work. The driver pulled out of a parallel parking space without looking and was completely at fault. Initially, he and the others in the car were very concerned, but ghosted us afterwards and made up a story in order to not take on the blame. I ended up needing surgery and costs mounted, so I sought legal advice. After much research, I settled on Sally Morin Law. The team at this law firm is invested and responsive in a very personable way. I specifically worked with Carmen and Annie. Carmen took the lead and she answered every email, text, and annoying question my husband and I sent her way. She wrote a detailed demand letter that personalized my case and thoroughly explained the impact the accident had on my life, my children's lives, and my husband's life. In the end, our own insurance policy covered the claim to the fullest amount. Additionally, Carmen was able to negotiate the medical lien to $0, and my husband received a separate smaller amount for loss of consortium. We are more than happy with the results as it’s way beyond what we expected, and completely life changing. We didn't proceed with the case thinking we would have the outcome we did, and almost didn't pursue the case. However, after spending my own money on copays, days off from work, take out, uber rides, babysitters, and special equipment, it just didn't feel right not to seek help and I am so glad that I did! I highly recommend Sally Morin Law!

Simon Unge

3 years ago

Last year me and my partner was in a MC/Car accident. I was clueless on what rights we had and how to proceed with insurance claims etc. I contacted Sally Morin Personal Injury Lawyers, who guided us through the year long process in a very pedagogical manner, a lot of support, expertise and professionalism - answering any questions we had in a timely manner. Highly recommended, they made a painful experience very manageable. Thank you, Rebecca, Carmen, and Amber!