Personal injury lawsuits are needed to ensure those that are victimized by preventable accidents get the financial compensation and legal restitution that they deserve post-accident. For many people, however, visualizing what this process actually looks like can be nearly impossible. To assist, here is a handy six-step guide on how personal injury lawsuits play out in 2023:

1. Hiring a Qualified Attorney

Victims look for a personal injury lawyer to represent them in court post-accident and should take this step ASAP. Accident victims might anticipate questioning regarding the specifics of their case during a first session with a personal injury lawyer. If you’re looking for a quality attorney, you’ll have a chance to ask them hard-hitting questions, to ensure they are prepared to take on your case. Be vigilant, but remember, you are not the professional in this situation. An attorney will evaluate your case and offer advice on your chances of winning if you decide to file a lawsuit. By hiring a quality personal injury attorney to represent you, you’ll have a much better chance of actually winning your case.

2. Negotiations and Filing the Claim

Negotiations are critical, as many personal injury cases never go to court, but are instead settled during the negotiation stage. Since the victim is now the plaintiff in this stage, and the lawyer is advocating on their behalf. The defendant, also known as the party that caused the injury, receives a demand letter from the personal injury lawyer. As an alternative, the lawyer can submit a demand to the at-fault party’s insurance provider. The plaintiff’s injuries are listed in this claim, and you probably guessed it… it asks for compensation for the harm done. Here, negotiations for a settlement between the plaintiff and defendant may result in the dispute being resolved before a lawsuit is even filed. The dispute moves forward to litigation if the parties are unable to reach a settlement.

3. The Discovery Process Begins

A major part of the pre-trial procedure is the discovery process. Here, both sides evaluate one other’s justifications and supporting details. Using what’s known as interrogatories, the involved parties will begin to question one another. These investigations often demand papers or clarification on certain facts or assertions. Also, both parties are allowed to take depositions during this stage of the case, which is mandated fact-finding testimony by the court. Having an attorney with plenty of experience in this area can make or break your ability to get a fair settlement in your personal injury case. Depending on the particulars of the case, the discovery procedure may take a year, or even longer. Being patient, and trusting in your attorney’s ability, will become crucial at this stage.

4. Settlement Negotiations Begin

Negotiations are a key part of the personal injury lawsuit process. As negotiations begin, and the case begins reaching its endpoint, the parties frequently meet again to negotiate a potential settlement of the lawsuit after discovery is finished. Typically, one party will make a settlement offer, to which the other will make a counteroffer. The parties’ final chance to avoid a trial during pre-trial is now. Parties may occasionally choose to engage in mediation at this point, or the court may insist on it. In mediation, the parties enlist the assistance of a disinterested third party who hears all views and works to find a workable solution. While your negotiations play out, be sure to take care of your physical and mental health. Having a trusted legal counsel during mediation is your best way to protect yourself legally and financially. If they’re a professional, your attorney should help you feel comfortable and prepared for any involvement you may be required to have in the mediation process.

5. If Needed, the Issue Goes to Trial and Receives Judgement

Trials are not the norm for personal injury lawsuits, but they do happen from time to time, especially if a reasonable settlement deal cannot be reached. If the parties are unable to reach a settlement, a civil court trial will be arranged. A personal injury trial may last for a few weeks or for several months. The presiding judge or a jury will decide the case’s fate. They will decide whether the defendant is responsible for the plaintiff’s injuries as well as how much the defendant must pay. A plaintiff who has been awarded a judgment by a court may pursue the collection of that judgment from the defendant. If the defendant refuses to pay, the plaintiff may take further action to try and enforce the judgment, such as seizing the defendant’s money from his or her bank account and salary. Understanding what you’re getting into at this stage can help you feel confident about your case’s eventual outcome.

6. Lastly, if Needed, the Appeals Process Begins

Although it’s extremely rare to get to this stage, appealing a settlement or case result is sometimes necessary. Either side may submit an appeal of the court’s ruling when the trial is over. But heed the warning. Potentially years can pass during an appeals process, adding to the time and cost involved. Each party thinking about appealing should discuss the benefits and drawbacks with their lawyer. There is even a chance of the defendant trying to slow roll their responsibility to payout, or trying to get out of their responsibilities, by filing a sure-to-loss appeal to the judge’s decision.