Personal injury litigation is the process started by the injured person’s lawyer. Your lawyer begins civil legal action for injuries you have suffered because of someone else’s negligence. This civil legal action is started to get your fair compensation for financial losses suffered because of the accident, loses such as lost wages, medical expenses, and your pain and suffering and others.

The Lawsuit process works as following:

1. Meet The Expert: The first step is to have a consultation with the lawyer to tell your story. Your lawyer will examine and analyze your case diligently and will explain the process to you.

2. Investigation: Once retained, your lawyer will perform a detailed analysis of your injury and accident, which includes gathering of evidence, what has happened, how it happened and examination of the police report, medical records, statements made by witnesses, and any other relevant information.

3. Start of the lawsuit (Claim): If your case reaches a point where a lawsuit needs to be filed, your lawyer will submit a claim with the court.

a. This document will clearly explain your injury and its cause such as a car accident, slip and fall, motorcycle accident, or other causes.

b. This document will explain in detail the other party’s actions that caused the accident such as negligence, reckless driving, etc.

c. It will detail the compensation for damages suffered by you. These include lost wages, medical bills, pain and suffering.

4. Once a Lawsuit has been filed with the court. There are 4 ways to conclude your case:

a. Jury Verdict: This is a legal process where the jury will discuss the case in private and then make a verdict. A Jury trial could take a few weeks to end for a complicated case or just a few days or less for a simple case.

b. Through Mediation: by a formal settlement process with the help of a trained mediator.

c. Summary Judgment: It is a judgment, without a full trial submitted by the court. This judgment is issued based on the facts and evidence and circumstances of the case as a whole or part of the case. This judgment avoids going through the full trial.

d. Out Of Court Settlement: This is the ending of a legal dispute between both sides without the need for a trial or court judgment. It is an informal negotiation between the lawyers on both sides to come to a win-win agreement. Most of the cases end up with a settlement to avoid lengthy trials and waste time, money, and energy. Once both sides agree on the settlement the case is resolved and the lawsuit will be dismissed.

5. Pre-Litigation Examinations for Discovery:

In this step evidence and accident information is exchanged with the opposing party. Information such as police reports, medical records, and witness statements.

The Examinations for Discovery could be of two types:

● Oral Examinations, where lawyers on both sides question you and witnesses under oath. This is recorded and could be used at the trial.

● Written Examinations: Where both sides, under oath, answer written questions about the accident details.

6. Motions: Lawyers on both sides may file motions with the court to change how evidence is used at the trial or on how to handle procedural matters. The motions are done for a plethora of reasons, including but not limited to getting rid of useless evidence or procedures such as illegally obtained evidence.

In some cases, the opposing lawyer may use the motions process to get the case dismissed for their benefit. However, an experienced lawyer on your side will catch and stop these maneuvers, to have the case continue with the proper procedure.

7. Pre-Trial Conference: At this stage, both lawyers meet the judge to discuss the lawsuit and highlight important issues of the case. And to find areas where they can agree to start the process of a settlement, which will avoid unnecessary lengthy trials.

8. Trial (if a settlement hasn’t been reached)

○ Opening Statements: Lawyers on both sides offer their arguments and a summary of the evidence they will present.

○ Presenting Evidence: Both sides showcase their evidence and introduce their respective witnesses to the court.

○ Closing Arguments: This is where both lawyers conclude their final argument for the case and try to persuade the court to decide in their favor.

○ Jury Instructions & Deliberation (jury trial): The judge is responsible for informing the jury of laws related to the case. Then the juries deliberate in private to reach a verdict.

○ Verdict & Damages: The judge or the jury decides f the other side was responsible and at fault for causing your injury, and if so, the amount of reward given to you. This amount is to cover your losses, expenses, and pain and suffering and other losses.