An accident can instantly change your life, leaving you with medical expenses, lost earnings, and emotional trauma. If another person’s negligence caused the accident, a personal injury lawsuit may help you seek justice and recover financial losses.

However, what does that process look like? A lawsuit is not a single event but a strategic process with several stages. By learning the seven main stages of a personal injury trial, you can better understand the litigation process and know what to expect. This knowledge will give you confidence throughout your case. The information below will walk you through each step, helping you navigate this complex process confidently and clearly.

Stage 1: Hiring a Personal Injury Attorney

A personal injury lawsuit starts as soon as you choose to hire an attorney. This is the most crucial step, serving as a vital fact-finding mission for you and your lawyer. In your case, it would be a chance to know your legal rights and assess the possibility of a successful claim. For the attorney, it is an opportunity to evaluate the strength of your case and determine whether you have a viable legal claim.

To make the most of this meeting, it is important to arrive prepared. Preparation saves time. Having key documents ready in advance helps your attorney gather the necessary information. The following is a list of things to include in the checklist:

  • Police reports — A report provides an objective account of what happened in car accidents or similar incidents, including witness details and potential liability.
  • Medical records and bills — These are the foundation of your claim. They determine the level of your injuries, the treatment you have undergone, and the financial expenses.
  • Photos and videos — This can be compelling information in a personal injury case. It provides Visual evidence of the accident scene, your injuries, and any property damage.
  • Communication with insurance companies — Carry any letters, emails, or notes on communication with insurance adjusters. This assists your lawyer in knowing what has already been discussed and whether an offer has been made.

One common concern is the cost of hiring a lawyer. Most personal injury lawyers are paid a contingency fee. It means you do not pay attorney’s fees upfront. Instead, the attorney's fee is based on a win-win situation: a settlement or a verdict. If you do not win, you typically owe no attorney’s fees. The amount paid to the lawyer is a pre-arranged percentage of the end settlement or judgment, usually between 33% and 40%. This system makes legal representation available to people regardless of financial status, ensuring justice is not limited to the wealthy. It aligns the attorney's interests with yours, as they are motivated to achieve the best possible result for your case.

Stage 2: The Investigation – Collecting Evidence and Establishing Liability

The second step after hiring an attorney is thoroughly investigating the incident. The main objective of this phase is to gather evidence to prove the other party’s negligence and document the full extent of your damages. This is a critical period because it lays the foundation for your case, whether it will settle or proceed to trial.

Your legal team will work to build a strong, fact-based case. This involves taking official records and documents, often not easily accessible by an individual. The evidence that an attorney collects can fall into several categories, including:

  • Official police reports — These provide an official description of the accident, which includes diagrams, citations issued, and what the officers saw.
  • Medical records and bills — Besides the records you will bring during the first visit, your attorney will formally seek your entire medical history of the injury, including all the doctor notes, diagnosis, and treatment plans. It forms a direct connection between the accident and your injuries.
  • Witness statements — Your attorney will contact and question any witnesses to the incident, whose eyewitness statements can be invaluable in proving fault.
  • Photos and videos —Besides your photos, your legal team could seek surveillance footage from nearby homes, businesses, or traffic cameras to strengthen your case.
  • Accident reconstruction reports — In complex cases, experts can be contracted to scientifically reconstruct the accident, giving expert opinion on the speed, impact, and other aspects.
  • Employment records — To compute damages, you should provide documentation of the amount of your lost wages, future lost income, and the effect on your career.

One of the most critical parts of the investigation, especially in severe injury cases, is the use of expert witnesses. These experts offer specialized knowledge that can prove long-term damages. For example:

  • A medical specialist could testify concerning the prognosis of your injuries in the long term and that you will need medical assistance in the future
  • A vocational expert would examine the effects your injuries have on your employment and your potential to earn money
  • An economist would examine the overall number of financial damages, including lost future earnings and future care costs

These professionals enhance your argument by giving plausible, professional views that may go a long way to boost the worth of your argument.

Stage 3: Filing the Lawsuit

When the investigation is over and any efforts to resolve a settlement with the insurance firm appear to have hit a dead end, your lawyer will officially file a lawsuit. It is the official commencement of the legal procedure and is a crucial step that should be done correctly and on time. This phase, called the pleadings, involves exchanging formal documents between the parties and submitting them to the court.

The pleadings are initial legal documents specifying the positions of every party. This process starts with the filling of two documents:

  • The complaint — It is the main form your attorney submits to the court. It is an elaborate written document that presents the facts of the case, what legal claims are being brought against the defendant (for example, negligence), and what damages you seek. Think of it as a formal narrative that lays out your case.
  • The summons — This is a notice of the court to the defendant that he/she is being sued. It makes them aware that a complaint has been made, and they are given a time frame within which they are expected to reply. The Complaint and the Summons should then be served upon the defendant by a professional process server to ensure they have been properly notified.

After the service, the defendant is given some time to submit his/her response, otherwise known as The Answer. The defendant in this document will claim or deny the charges leveled in the complaint and could also present his/her defenses.

One of the most critical aspects of this stage, which cannot be ignored, is the statute of limitations. It is a non-negotiable legal deadline establishing the time limits you have to sue after an injury. The exact time constraint will significantly depend on the state and may take one to six years. In California, if a lawsuit is not filed within two years, you will most likely lose the right to pursue your claim, regardless of how strong your case is. Your attorney will be keenly aware of this deadline and will work to ensure all filings are submitted well in advance.

Stage 4: The Discovery Phase

The discovery phase of a personal injury suit is usually the longest and most time-consuming part of a court action. Its purpose is to enable your counsel and the attorney general of the accused to obtain all the supporting information and evidence about one another. This is a formal and pre-trial procedure aimed at averting trial surprises and ensuring that both parties have a complete knowledge of the facts, their strengths and weaknesses of the case, and those of their opponent.

In this period of intense information exchange, several key tools of the law are used to compel the other party to give information under oath. The key tools of discovery include:

  • Interrogatories — These consist of a sequence of written questions, which are forwarded to the opponent camp. The questions have to be given in writing and answered under oath within a set time frame. Your attorney will want to know what happened in the run-up to the accident, what the defendant did, and who they know witnessed the event. Likewise, the defense will provide you with interrogatories that will obtain information about your injuries, medical care, and loss of money.
  • Demands to produce documents — This tool requests certain documents and physical evidence from the opposing party. Your lawyer may demand the receipts for the repair of a car, company internal reports on safety, or phone logs. The defense, in its turn, will most probably demand all of your medical records and bills, employment record, and any personal photos or videos of the incident.
  • Depositions — A deposition is a formal out-of-court oral testimony taken under oath. The defendant, along with any crucial witnesses, can be deposed. A court reporter records all the words at a deposition, and both parties present their questions to the witness. This is crucial because your attorney can determine a witness's credibility and lock in their testimony under oath. Your lawyer will also prepare you thoroughly for your deposition so that you can respond to any questions correctly and confidently.
  • Independent Medical Examination (IME) — The defense is entitled to ask that a doctor of their choice examine you. This is referred to as an Independent Medical Examination (IME). The IME intends to have the defense's doctor assess your injuries and give their report, which will undoubtedly question the severity of your injuries as provided by your doctor. Your lawyer will train you on this test, and he/she will also most likely have a medical expert look at the IME report to counter any allegations raised by the defense.

The information gathered during the discovery phase is vital for building a strong case and can be used to support arguments during settlement negotiations or at trial.

Stage 5: Negotiation and Mediation

Though a lawsuit is an official process, it is crucial to note that of all cases of personal injuries, more than 90% are settled out of court. This is because both parties are usually willing to save a court trial's time, cost, and uncertainty. These settlements are primarily achieved through negotiation and mediation.

The negotiations usually start with a demand letter. It is a detailed document that will be prepared and submitted to the attorney of the opposing side or the insurance company by your attorney. The demand letter is not merely a demand for money. It is one of the best summaries of your case. It contains a presentation of the incident, a clear claim of liability regarding the evidence collected during the discovery phase, and a comprehensive breakdown of your damages, in terms of medical expenses, lost wages, and pain and suffering. At the end of the letter, there is a definite request for a settlement amount.

This demand letter triggers a negotiation between the lawyers and the insurance adjusters. The defense will return with a less attractive offer or an affirmation of non-liability, and exchanges between the parties will proceed. It may take a long process, with each side attempting to use their strengths and play around with the weaknesses of the other.

In case the negotiation process comes to a dead end, the parties can settle on entering mediation. It is a non-binding and formal settlement conference presided over by a neutral third party referred to as a mediator. The mediator is usually a retired judge or an experienced attorney, and he/she does not make a decision or force a settlement. Instead, they serve as an intermediary, moving between the parties in different rooms to make them realize the positions of each party and see the points of compromise as well as areas of congruence. The mediator helps both parties realistically assess their trial prospects and work toward a mutually agreeable settlement. This process is confidential, and whatever is discussed during mediation cannot be presented in court against any party. Many cases that seem destined for trial are successfully resolved during mediation.

Stage 6: The Trial - Making your Case to a Judge or Jury

If negotiation and mediation efforts fail, your case will go to trial. Although it is less common, the trial is where the jury or a judge listens to the evidence and determines what will happen to your case. This is a complicated, formal procedure in which your attorney presents the case you have created for months or years.

The trial process is divided into a set of steps:

  • Jury selection (Voir Dire) — It is the start of the trial when a jury is selected. The judges and attorneys representing both parties will question the potential jurors to identify and pick the people who can be fair and impartial. This is the necessary process of having a fair verdict.
  • Opening statements — Once the jury is chosen, your attorney will introduce his/her opening statement. It is a map of your case, which shows what evidence will be presented and what legal arguments will be presented. The defense counsel will then make his/her opening statement.
  • Presentation of evidence and witness testimony — This is the main part of the trial. Your attorney will call the witnesses, and they will include you, medical professionals, and expert witnesses. They will also present key evidence, including medical records, photos, and an accident reconstruction report. The defense attorney will then be given a chance to cross-examine every one of your witnesses. As soon as your attorney has argued your case, the defense will give its witnesses and evidence, and your attorney will then have the opportunity to cross-examine them.
  • Closing arguments — After all the evidence is presented, both attorneys deliver the closing arguments. It is the last chance they have to conclude the evidence and convince the jury to vote.
  • Jury deliberation and the verdict — The judge will instruct the jury on the applicable laws that they are supposed to apply to the facts of the case. The jury goes back to a private room to discuss. It may take between a few hours and days. After they decide, they will go back to the courtroom to pass their judgment that will tell whether the defendant is liable, and if he/she is, the amount of compensation you are owed.

Stage 7: The Verdict, Appeals, and Collecting the Judgment

A verdict from the jury or judge does not always mark the definitive end of the lawsuit. The defeated party might not be prepared to receive the results and may have means of law to challenge it. This is the last part and includes:

  • Post-trial motions
  • The possibility of an appeal,
  • The process of collecting the compensation you have been awarded

After a verdict is delivered, the losing party can appeal with post-trial motions. These petitions request the court to overturn the verdict or grant a new trial. The common reasons presented by these motions include:

  • Claims that the verdict was not backed by evidence
  • There was an important legal error committed during the trial

These motions are not usually successful, but they form a routine of the legal procedure.

If these motions are unsuccessful, the losing party may appeal. An appeal does not constitute a re-trial where evidence is reintroduced. Instead, it is an appeal of the trial court proceedings by an upper court called an appellate court. The only aim of the appellate court is to find out whether a significant legal mistake was made during the trial, which was an unfair way to impact the outcome. This might be a time-consuming process, which could either uphold or overturn the verdict or retrial.

If the verdict is in your favor and all appeals are exhausted or not pursued, the final step is collecting the judgment. In most personal injury cases, the defendant's insurance company will cover the judgment up to the policy's limits. If the defendant has no insurance or the case verdict is above the policy threshold, your lawyer will work to collect the money directly from the defendant. This may involve numerous legal procedures to seize property or withhold wages until the total sum has been recovered.

Find a Personal Injury Near Me

The seven steps of a personal injury lawsuit may be a complex and daunting procedure, but you do not have to go through it alone. Knowing every step will strengthen your decisions and ensure you are on the right course of the law. From the first consultation to the last decision, it is crucial to have a legal advocate who will be on your side. If you or a loved one has been injured due to someone else’s negligence, do not delay. Contact San Diego Personal Injury Law Firm today at 619-478-4059 for a free consultation, and let us help you pursue the compensation you deserve.