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Completing Paperwork For Your Personal Injury Case

What Are The Steps In Filing A Personal Injury Lawsuit?

18 April 2019

Christopher Wilson

If you're like most people, filing a personal injury lawsuit is not exactly something you do often. Maybe you'll do it once in your life, or perhaps twice. As such, it is understandable that you are not too familiar with the process and how it progresses. This can make the process of filing such a lawsuit seem intimidating and a bit unpredictable. The following is a look at the basic process and timeline associated with the average personal injury lawsuit to help you feel more assured and confident in this process.

Step One: See a Doctor

Before you actually file a claim or see an attorney, you must visit a doctor. He or she will look you over and diagnose your injuries and then prescribe a treatment plan. You will want to take a copy of your medical records with you when you leave the doctor's office. These are important evidence to attest to the fact that you are, indeed, injured. In the weeks and months that follow, you'll need to make sure you follow your doctor's treatment orders closely.

Step Two: Find a Lawyer

Talk to friends and browse the internet to compile a list of at least three personal injury lawyers in your area. Call each of them to discuss your case. They will probably want to meet in person. Choose a lawyer who is not only confident they can win your case but who is also easy to work with. You will then sign paperwork naming this attorney as your legal representative in the case. Some personal injury attorneys ask for a down payment up front, but often, you won't have to pay anything at this stage. The attorney will simply keep a portion of your settlement if you win the case. If you do not win, you won't owe a thing.

Step Three: Wait Through Investigation

At this stage, your lawyer will take a few weeks to gather evidence related to your case. They'll want medical records, any footage that may show you becoming injured, the contact information for the responsible party and their insurance company, and so forth. Once your lawyer has all of this information, they'll figure out what your case is worth — or in other words, how much you should sue for. They will also decide whether it is best to file a case against the responsible party, their insurance company, or both.

Step Four: Filing the Lawsuit

Next, your lawyer will actually file the case. You may not get a projected trial date right away, but this notifies the other party and get the case to the "discovery stage," during which each party gets to formulate their arguments. Your lawyer and the other party's lawyer also get to ask each other questions and figure out who will come to trial as a witness.

Step Five: A Settlement

This step does not always happen, but it is quite common for the other party to offer you a certain amount of money to skip the trial and settle out of court. If the settlement offer seems fair, you can accept it and be done with the whole process. If you and your lawyer think you can get more by going to court, you can turn down the settlement and go to trial.

Step Six: The Trial

Assuming a settlement is not reached, you will go to trial. A judge will hear your case against the defendant and will also hear their argument as to why they should not be held responsible. After asking questions and listening to witness statements, they will decide whether you are owed money, and how much. 

The personal injury lawsuit process can seem long and intimidating if you've never navigated it before. If you have any more questions or concerns, talk to your personal injury lawyer. 

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