Every personal injury lawsuit is unique. In general, though, there are common steps that all plaintiffs and defendants must go through. Here are the common phases of the litigation process:
Consulting an attorney
This occurs when the amount of the injury is larger than what small claims court will handle. Most plaintiffs will be able to meet with an attorney at no initial cost.
According to Alllaw.com: “If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a fee agreement with the plaintiff and officially become the plaintiff’s attorney.”
A complaint is served to the defendant
The plaintiff’s attorney generally has one month to serve the defendant a formal complaint.
Defendant finds an attorney
At this point, the defendant is given approximately a month to find an attorney.
Pre-trial begins
This is when both sides begin to ask questions, gather evidence and begin to schedule depositions.
Trial commences
This is when the plaintiffs and defendants engage in settlement discourse, decide on what evidence will be used in trial and select a jury. The trial generally takes several days. The judge and jury decide if the defendant is guilty or innocent, and how much they will have to pay if the former verdict is chosen.
Settlement is likely
A majority of personal injury cases result in settlements before trial. The first settlement offer can actually be sent by the plaintiff before the complaint is even filed.
Not every person will decide to hire an attorney for their personal injury case. However, with the complexity of the legal system, it is often a wise decision to choose an experienced lawyer.