What Are the Steps in A Personal Injury Lawsuit?

What Are the Steps in A Personal Injury Lawsuit?

Law Offices of Steven Zwick Oct. 8, 2021

If you are wondering “do I need an attorney?”, the answer is most likely, yes, you do need an attorney. If you have been involved in a personal injury matter and you are pondering “do I need an attorney?”, you should follow your instinct and connect with an experienced personal injury lawyer.

Many people wait longer than they should to get the legal support that they deserve. Every year there are about six million car accidents in the US. Many of those accidents result in personal injury. You have rights that may be ignored without the help of a personal injury lawyer.

How Does a Personal Injury Lawsuit Work?

The first step to initiate a personal injury lawsuit is to hire an experienced lawyer.

In most personal injury cases, you pay zero upfront costs. Personal injury lawyers will provide their services on a contingency basis, which means, they do not collect any fees until you settle your case.

A Complaint Has to Be Filed

To start your personal injury claim, a complaint is filed with the court stating the facts of the case. The complaint must be “answered” in a specific amount of time. The person you are suing and their insurance company will file an answer to the complaint.

Discovery Phase

Once the complaint has been answered (the pleadings phase), the discovery phase begins. Evidence of the claim is presented, so each side has an opportunity to review the evidence in the case.

Motions Are Filed

Before the trial begins, motions are filed to ask the court to act on certain aspects of the case like suppressing certain evidence. It is up to the judge as to which motions are granted.


About 91% of personal injury cases never make it to the trial phase. Pre-trial negotiations are when the two sides come together to reach a settlement offer before the trial begins.

The Trial

While it is rare to get to this stage, if your case does, there will be trial with or without a jury where each side will present evidence. The court will decide the claim.

It can be a daunting process to prove personal injury liability. You do need the help of an attorney to navigate this process. Get the legal support you need to protect your rights.