How Does a Personal Injury Lawsuit Work?

If you have suffered an injury due to someone else’s fault, you will typically have to choose between filing an insurance claim and a lawsuit to obtain compensation for your damages and losses. However, many people are reluctant to sue the responsible party mainly because they do not understand how personal injury lawsuits work.

Never settle for less because you do not understand the lawsuit process. Instead, have a personal injury lawyer handling your case who is confident in pursuing litigation when necessary.

The statute of limitations is expiring

In the context of personal injury law, the statute of limitations is a critical timeframe within which you must file a lawsuit. For example, in California, this timeframe is two years from the date of the injury. It is paramount to be aware of the applicable deadlines in your case to ensure that you do not forfeit your right to seek legal recourse.

Why: If you miss this period, you are typically barred from taking legal action to claim damages for your injury. 

The insurance company does not make a reasonable offer

If negotiations with the insurance company are not yielding a reasonable offer, this might be the time to consider filing a lawsuit. Insurance companies often negotiate to settle claims out of court, but they may not always present fair offers that cover all your damages.

• Why: If the insurance company’s offer does not adequately cover your losses or the insurer is refusing to provide a fair settlement, filing a lawsuit may be the most effective way to obtain the compensation that reflects the actual value of your claim.

Negotiations have hit a wall

Sometimes, negotiations might appear fruitful initially but may reach a point where no progress is made, commonly referred to as “hitting a wall” or reaching an “impasse.” Recognizing this impasse is essential because it can be the moment to shift your strategy from negotiation to preparation for litigation.

• Why: Filing a lawsuit can expedite a resolution. Taking your case to court can provide additional negotiation leverage and catalyze a more reasonable settlement offer.

You have problems with proving fault or liability

In some personal injury cases, proving who was at fault or liable for the injury can be challenging. Discrepancies or issues with evidence can necessitate a court’s intervention to sort through the facts and establish blame.

• Why: If proving fault is complicated outside of court, litigation might be necessary to resolve the case and obtain the compensation you are entitled to. 

There is no way to recover the compensation you need through insurance

There are instances where insurance – whether the other party’s or your own – will not cover all the expenses related to your injury. When medical costs, lost income, and other damages exceed what insurance will pay, a lawsuit can be the avenue for getting the full compensation you need to cover these financial hardships.

• Why: If your losses exceed the insurance policy limits or the responsible party is uninsured, you might need to pursue a lawsuit against the individual assets of the defendant to recover the total compensation needed for your recovery.

The Investigation Phase of a Personal Injury Case

In the investigation phase, your personal injury lawyer gathers the facts and evidence to build a strong foundation for your claim.

Thorough Case Analysis by a Personal Injury Attorney

At the outset, an experienced lawyer will review your case details to understand whether you have a valid compensation claim. It includes an extensive analysis of the accident, your injuries, the involved parties, and the applicable laws. They will advise you on the best action, what to expect from filing a claim or lawsuit, and the potential challenges ahead.

Evidence Gathering to Build a Solid Case

You cannot build a strong personal injury case without solid evidence. Evidence can establish the cause of your injuries, who is at fault, and the extent of your losses, among other things. During the investigation phase, lawyers collect physical evidence, gather witness statements, and consult experts.

Calculation of Damages and Costs

An essential function of the investigation phase is calculating the full extent of your damages. This is not limited to your immediate medical costs and should also encompass future medical expenses, loss of income, diminished quality of life, out-of-pocket expenses, property damage, pain and suffering, and more. Statistically speaking, the average cost of an evident and disabling injury after a car accident is often in the hundreds of thousands of dollars.

Communication with Insurance Companies

The investigation phase often involves communication with your own and/or the responsible party’s insurance company. Insurance adjusters will usually try to settle a case quickly and for as little as possible. You might want to have a skilled lawyer handle all communications on your behalf to ensure that you:

• Do not say anything that can weaken your case, and 
• Negotiate a fair settlement.

The investigation phase establishes the groundwork for your entire personal injury claim. Working with a knowledgeable lawyer during this phase is vital to building a robust case and getting the compensation you deserve.

Settling a Personal Injury Case Before Filing a Lawsuit

If you have suffered a personal injury, you might be eager to settle the case and receive compensation for your damages without the lengthy process of going to court. While settling out of court is common – 97 percent of all personal injury cases are settled out of court – it is essential to approach this process carefully and strategically. Here’s what to expect when attempting to settle a personal injury case before filing a lawsuit.

Negotiating with the Insurance Company

When dealing with insurance companies, remember that their goal is to minimize payout. They have teams dedicated to valuing claims as low as possible.

• Come prepared. Gather comprehensive evidence of your damages, including medical records, proof of lost income, and related receipts.
• Stay professional. Keep communications civil and professional. The better the rapport, the better the potential for a fair settlement.
• Consult with a lawyer. Before entering negotiations, consult a personal injury lawyer who can use their experience to your advantage. 

Evaluating the Insurer’s Settlement Offers

The insurance company’s first offer is often not their best. Expect an offer lower than your case is worth as part of the negotiation process.

• Don’t accept the first offer. The insurer’s first offer is just a starting point for negotiations, not a fair reflection of your damages, so treat it as such. 
• Understand the details. Make sure you fully understand what the offer entails and how it covers your expenses and losses.
• Counteroffer. Feel free to make a counteroffer if the initial one is unsatisfactory.

Understanding Your Case’s Worth

Knowing the value of your case is critical for successful negotiations. It includes understanding the total costs of your medical treatments, lost income, and any other damages resulting from the injury.

• Calculate all costs. Ensure all current and future costs and losses are accounted for.
• Consider non-economic damages. Pain and suffering or loss of enjoyment of life are subjective but can be significant aspects of your claim.
• Weigh long-term impacts. Some injuries have long-term effects that should factor into your claim’s value.

Making the Decision to Settle or File a Lawsuit

Deciding to settle or take your case to court can be difficult. Settlements are less risky and more immediate, but filing a lawsuit can lead to higher compensation.

• Pros and cons. Weigh the potential benefits and risks of settling versus taking legal action.
• Know your limits. Have a clear idea of your minimum settlement and stick to it unless advised otherwise by your lawyer.
• Seek professional advice. Your lawyer will provide insight into the likelihood of winning in court and whether a settlement offer is fair.

The Pretrial Phases of Filing a Personal Injury Lawsuit

The pretrial phases set the foundation for the personal injury lawsuit and can often determine the course and outcome of the legal proceedings. Here are the key stages you will face if your personal injury case gets this far.

The Complaint and Answer Phase

This is the initiation of the lawsuit, where the plaintiff files a complaint, and the defendant provides a formal answer. Your personal injury lawyer will make sure your complaint is clear and concise, stating the facts of the incident and the injuries sustained. They will ensure all relevant legal points are covered.

The Discovery Phase

During the discovery phase, both parties exchange information through statements, depositions, and document requests. The purpose is to gather all pertinent facts which will shape the trial. Your personal injury attorney will be organized and thorough during discovery.

The Motions Phase

Motions are legal requests to the court to decide on specific aspects of the case before the trial officially begins. Your attorney will determine if filing motions can be advantageous for your case, such as a motion to dismiss for lack of evidence or a motion for summary judgment. They will respond to motions by the defense that may attempt to limit the scope of the trial or dismiss the case entirely.

Mediation

Mediation is a form of alternative dispute resolution where both parties attempt to reach a settlement with the help of a neutral third party called a “mediator.” Approach mediation with an open mind and legal representation. It’s often beneficial to settle out of court to avoid the uncertainties of a trial. Understand the value of your claim, but consider the practicality and certainty of a settlement.

A Personal Injury Case Goes to Trial

When a personal injury case advances to trial, it is essential for the parties involved to understand the procedure and what each step entails. Below are the key stages of a personal injury trial.

Jury Selection

The trial begins with the jury selection process, known as voir dire. During this phase, potential jurors are questioned by both the plaintiff’s and defendant’s attorneys to determine if they hold any biases or have any connections to the case that would make them unsuitable jurors. The goal is to select a fair and impartial jury to hear the case.

Opening Statements

Once the jury is selected, the trial officially begins with opening statements. It is the opportunity for each lawyer to present their client’s story to the jury, outlining what they believe the evidence will show. The plaintiff’s injury attorney typically goes first, followed by the defendant’s attorney.

Witness Testimony and Cross-Examination

Witness testimony is the heart of the trial. The plaintiffs call their witnesses to testify first. Witnesses may include the plaintiffs, doctors, experts, or anyone with relevant information. After each witness has spoken, the defense can cross-examine, asking questions to challenge the witness’s credibility and testimony.

Closing Arguments

After all the witnesses have been heard and all evidence has been presented, the attorneys make their closing arguments. This is their last chance to summarize the case to the jury, highlighting key evidence and testimony that supports their client’s position.

Jury Instruction

Before the jury can deliberate, the judge must provide them with instructions about the legal standards that must be met to find in favor of the plaintiff or the defendant. These instructions guide the jury on the laws pertinent to the case and how they should apply the law based on the evidence they have heard.

Jury Deliberation and Verdict

The jury then retires to the jury room to deliberate. During this time, the jury will discuss the case and attempt to reach a unanimous decision. Once they have reached a verdict, they return to the courtroom to announce whether they find it in favor of the plaintiff or the defendant, and if it is for the plaintiff, what amount of damages should be awarded.

Appeals

After the verdict, either party can choose to appeal the jury’s decision to a higher court if they believe a legal error has been made that affected the trial’s outcome. The appeals process can extend the case’s conclusion for months or even years.

Always Consult a Personal Injury Attorney

Never wait to hire a personal injury lawyer to guide you through the entire process. If your case requires a lawsuit, they can handle the investigation phase, settlement negotiations, pretrial phase, and trial. With a lawyer in your corner, you stand a better chance of getting the best possible results.