If you are considering a personal injury lawsuit, knowing what happens next can make the legal process easier to understand. Although the details vary from case to case, lawsuits generally move through a series of stages, beginning with investigating your injury and ending with a settlement, verdict, or possible appeal. Understanding the steps in a personal injury lawsuit can also help you see why some cases resolve quickly while others require months or longer to complete.
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If another party’s negligence caused your injuries, contact Ankin Law at 312-600-0000 to discuss your options with a personal injury lawyer.
Key Takeaways
- A personal injury lawsuit begins with investigating the accident, liability, injuries, and damages.
- Many claims go through settlement negotiations before a lawsuit is filed.
- Filing and serving a complaint formally begins the court process.
- Discovery allows both parties to obtain evidence and question witnesses.
- Depositions give attorneys an opportunity to question parties and witnesses under oath.
- Settlement negotiations can continue throughout the lawsuit.
- Cases that do not settle proceed through pretrial preparation and ultimately to trial.
- Illinois filing deadlines can affect whether you have the right to pursue your case in court.
Step 1: Investigating Your Personal Injury Claim
Before filing a lawsuit, you need to determine whether the facts support a claim. This typically starts with investigating how the accident occurred and identifying the party or parties who may be responsible.
The evidence needed depends on the type of accident. It may include photographs, videos, police or incident reports, witness statements, insurance information, medical records, and other documentation.
An investigation also considers the legal basis for liability. For example, a car accident claim may focus on whether another driver violated traffic rules or failed to exercise reasonable care. A premises liability claim may examine whether a property owner knew about an unsafe condition and failed to address it.
Step 2: Documenting Your Injuries and Damages
A lawsuit must establish more than fault. You also need evidence showing what the accident cost you physically, financially, and personally.
Medical records are an important part of this process because they document your diagnosis, treatment, limitations, and recovery. Depending on the severity of your injuries, your attorney may need to understand whether you will require additional medical care in the future.
Other damages may include:
- Medical expenses
- Lost wages
- Reduced ability to earn income
- Rehabilitation expenses
- Pain and suffering
- Disability or physical limitations
- Other accident-related financial losses
It may be difficult to accurately evaluate a claim immediately after a serious injury. If your medical condition is still changing, the full effect of the accident may not yet be known.
Step 3: Sending a Demand and Negotiating Before Filing
Many injury claims enter settlement negotiations before anyone files a lawsuit. Once sufficient evidence has been gathered, your attorney may send a demand to the responsible party’s insurer. It can explain how the accident occurred, why the insured is responsible, the injuries you sustained, and the compensation being sought.
The insurance company may accept the demand, reject it, or respond with a lower offer. Your attorney can then negotiate based on the evidence and the value of your losses.
If the parties reach an acceptable agreement, the claim can end without a lawsuit. If negotiations fail, filing suit may be the next step.
Step 4: Filing the Personal Injury Complaint
The lawsuit formally begins when the plaintiff files a complaint in the appropriate court.
The complaint identifies the plaintiff and defendant and states the allegations underlying the claim. It explains why the defendant is allegedly legally responsible for the plaintiff’s injuries and requests relief from the court.
Step 5: Serving the Defendant and Receiving an Answer
Filing the complaint is not enough by itself. The defendant must also receive formal notice of the lawsuit through the legally required service process.
After being served, the defendant has an opportunity to respond to the complaint. The response may admit some allegations, deny others, and raise defenses. At this point, the parties have formally stated their basic positions, and the case moves further into litigation.
Step 6: Going Through Discovery
Discovery is usually one of the longest stages in a personal injury lawsuit. It allows both sides to obtain information and evidence relevant to the case.
Discovery can include written questions called interrogatories, requests for documents, requests to admit certain facts, subpoenas, and other methods permitted by court rules.
The parties may exchange evidence concerning:
- How the accident occurred
- Witnesses to the accident
- Medical treatment and expenses
- Employment and lost income
- Photographs and video
- Insurance coverage
- Relevant business or maintenance records
- Other information related to liability or damages
Discovery works both ways. The defendant can request relevant information from you just as your attorney can seek evidence from the defendant.
Understanding how a personal injury lawsuit works includes recognizing that this evidence-gathering stage can affect whether the case later settles or proceeds to trial.
Step 7: Giving and Taking Depositions
Depositions typically occur during discovery. A deposition is sworn testimony given outside the courtroom, usually with attorneys and a court reporter present.
If you are the plaintiff, the defense attorney may ask you about the accident, your injuries, medical treatment, work history, prior medical conditions, and how the injury has affected your daily activities.
Your attorney may also depose the defendant, eyewitnesses, medical professionals, or other people who have relevant information.
Depositions serve several purposes. They allow attorneys to learn what witnesses will say, clarify disputed facts, and preserve testimony. They also help both sides assess the strengths and weaknesses of the case before trial.
Step 8: Negotiating a Settlement or Attending Mediation
Settlement discussions can occur at virtually any point, but they often become more productive after discovery has revealed the evidence on both sides. By this stage, the parties may have a clearer understanding of how witnesses will testify, what medical evidence shows, and how strong the liability arguments are.
The parties may negotiate directly through their attorneys or participate in mediation. During mediation, a neutral mediator helps both sides discuss possible terms for resolving the dispute. The mediator generally does not decide who wins. If no agreement is reached, the lawsuit continues.
Before accepting a settlement in a personal injury lawsuit, you should understand that settlements typically require you to release the defendant from further liability for the covered claim. That makes evaluating your current and future losses important before agreeing to a final amount.
Step 9: Preparing the Case for Trial
If settlement efforts do not resolve the case, the parties begin final trial preparation.
Attorneys organize exhibits, prepare witnesses, review deposition testimony, and determine how they will present the evidence. Expert witnesses may prepare to testify about medical issues, accident reconstruction, future care, lost earning capacity, or other specialized subjects when relevant.
The parties may also file pretrial motions asking the judge to decide legal or evidentiary questions before the trial begins.
Settlement remains possible during this stage. Some cases resolve shortly before trial because both sides now have a detailed understanding of the evidence and the risks of allowing a judge or jury to decide the outcome.
Step 10: Going to Trial
If the parties cannot reach a settlement, the case proceeds to trial.
At trial, both sides present evidence, question witnesses, and make arguments supporting their positions. The plaintiff has the burden of proving the required elements of the claim.
In a negligence case, that generally means establishing that the defendant owed a duty, breached that duty, caused the plaintiff’s injury, and caused compensable damages.
The defendant has an opportunity to challenge the plaintiff’s evidence, cross-examine witnesses, and present a defense.
In a jury trial, the judge instructs the jury on the applicable law. The jury then evaluates the evidence and decides whether the defendant is liable and, when appropriate, how much compensation should be awarded.
Step 11: Reaching a Verdict and Addressing Post-Trial Issues
If the case reaches a verdict, the court enters a judgment based on the outcome. That may not always be the final procedural step.
Depending on the circumstances, a party may file post-trial motions asking the court to address an alleged error or other legal issue. A party may also have grounds to appeal.
An appeal is different from a new trial. The appellate court generally reviews the existing record to determine whether a legal error affected the proceedings.
If the case settles instead of reaching a verdict, the parties execute settlement documents. Medical liens or other valid claims against the recovery may need to be resolved before the remaining proceeds are distributed.
If you were injured because of another party’s negligence and are considering a personal injury claim or lawsuit, contact Ankin Law at 312-600-0000 to discuss your legal options.
