How Litigation Works in Personal Injury Cases

Learn how litigation works in personal injury cases. Ensure your rights are protected with the right legal guidance following an injury.

How Litigation Works in Personal Injury Cases

Have you been injured in an accident that was not your fault? You are probably going through a lot of emotions, including pain, regret, resentment, and uncertainty about the way forward. The good news is that you are entitled to compensation should you prove that another person or entity is to blame for your injuries.

However, the road to winning compensation is not an easy one. Even for clear-cut cases, you are better off getting help from a qualified personal injury attorney. “We’ve seen many of these cases. Sometimes, an unforeseen development can throw claims that are seemingly straightforward into disarray. A proactive attorney can anticipate these roadblocks and prepare for them,” says Personal Injury Attorney David Benowitz of Price Benowitz Accident Injury Lawyers.

In today’s article, we will talk about litigation in the context of personal injury lawsuits. By reading, you will understand how the process works and why this resolution method is less common in these types of cases.

The Road to Litigation in Personal Injury Lawsuits

Before we carry on, it is important to note that litigation is often reserved as a last resort in most personal injury lawsuits. Why? It is expensive, time-consuming, and, for the most part, unpredictable.

In fact, according to the U.S. Department of Justice, 96 percent of all personal injury cases are resolved before reaching trial. How? Through settlement negotiations. The two parties often begin by negotiating, with both sides presenting evidence to advocate for their side of the story.

If negotiations fail, this is where it may be wise to escalate the issue to the court.

The Pre-Litigation Stage

As mentioned above, the process usually begins with both sides attempting to bargain for a fair settlement. You, the plaintiff, and your attorney present evidence to show the injuries you sustained, how the other party caused them, and how your life has changed.

But the negotiations do not always work out. The other party may deny liability and shift the blame to you or someone else. They may agree to settle, but for a lower amount than what you and your attorney expected. This may not be sufficient to cover your present and future expenses. If this happens, it is time to sit down with your lawyer and lay the groundwork for the next steps. Will you accept the settlement offer? Or not? If you opt for the latter, it is time to escalate the issue to court. Here is how it happens.

Filing a Complaint

Your attorney will file a complaint with your local court. According to Cornell Law Institute, a legal complaint sets forth the basis for the court’s power and the plaintiff’s cause of action. This complaint will include the allegations against the at-fault party and the damages you seek. It will then be served to the defendant, who will be given a set window to respond, either admitting or denying the allegations.

Discovery

During this stage, both parties are allowed to request information from each other. For example, the opposing counsel may request your medical records to assess the extent of the damages you sustained. This exchange of information helps both sides understand the strengths and weaknesses of the case. It is at this stage that motions may be filed to request certain actions, like dismissing the case or excluding certain types of evidence.

Pretrial Proceedings

Pretrial proceedings set the foundation for the trial. They allow both parties to gather evidence, clarify legal arguments, and explore settlement options. At this stage, the matter can be resolved; if not, the process continues.

 

Trial

The suit now moves to the chambers of the courtroom. Both sides present their sides, witnesses are called to the stand and cross-examined, and evidence is presented. The jury then deliberates on the case before delivering a ruling. If you are unsatisfied with the outcome, you can file an appeal with a higher court.

Conclusion

Personal injury trials tend to be expensive and time-consuming. To avoid getting to this stage, work with an experienced personal injury lawyer who will negotiate a fair settlement on your behalf. If a trial becomes inevitable, they will represent you in court. The right legal support can make a significant difference in the outcome of your case.