The Stages of a Personal Injury Case

Although accident and injury lawsuits come in all shapes and sizes, the steps or stages in the process are usually similar. If you are deciding whether to file a lawsuit or meet with a personal injury lawyer, it’s a good idea to first understand the stages in the process so you know what to expect.

Below, you’ll learn about each stage of a personal injury case so you can better prepare for your lawsuit.

Stage 1: Discovery

Before your lawsuit goes to trial, it will enter what is known as the “discovery” phase. During this process, each side will have the opportunity to gather important factual information from the other. Discovery is essential to helping each side prepare for trial. It also makes surprises, which can prolong any case, less likely to occur.

There are three stages to the discovery process. The first is written discovery. During this stage, “interrogatories” occur. This means that each side is questioned and given the opportunity to present their version of what happened. Some interrogatories, known as “form” interrogatories, are standard questions that are used in most cases. Others, known as “special” interrogatories, are questions that are determined for your specific case. In addition to interrogatories, written discovery also involves requests for admission, where someone is asked to either confirm or deny specific facts related to the lawsuit. To ensure that this process goes quickly, limits are placed on the number of interrogatories and requests for admission that are allowed.

During the second stage of discovery, document production, both sides are asked to bring forth documents that are important to the case. Many types of documents may be requested by both sides, including medical records, business records, computer files, and anything else that is relevant.

The final stage of discovery is the deposition stage. In this phase, various people under oath answer lawyers’ questions while a court reporter transcribes what is said. There are several reasons why people are typically deposed. Usually this happens so a particular person’s story about the case can be established, so a lawyer can learn how the other side sees what happened, or to evaluate a witness in terms of how they will behave during the trial.

Stage 2: Trial

Trials do not always occur in personal injury cases, as many are settled out of court through negotiations. In fact, it is not likely that your case will go to trial and some cases are even dismissed.
When a trial does occur, the judge or jury evaluates all available evidence and determines whether the defendant is responsible for the plaintiff’s injuries. During trial, the plaintiff will present their case with the aim of showing that the defendant is responsible so they can receive a settlement to cover the costs associated with their injuries. Trial is important for the defendant, too, as they have the opportunity to tell their side of the story, which may be different than the plaintiff’s version. Lawyers are great resources during trials as they can help you prepare to take the stand and present the most convincing case possible.

There are several stages of the trail, including:

• Jury selection
• Opening statements
• Witness testimony
• Cross-examination
• Closing arguments
• Jury instructions from judge
• Jury deliberation
• Final verdict

Contacting a Personal Injury Lawyer

If you’ve been injured in an accident, it’s important to fully understand your rights, and the best person to explain these rights is a personal injury lawyer. Most lawyers offer free consultations where you can tell them about your accident, get a sense of what your rights are, and determine whether filing a lawsuit is the right decision. If you do decide to seek legal assistance, make sure to do so as soon as possible after your accident. This will ensure that your lawsuit will be filed in a timely manner and that you’ll have the best chance of winning the settlement you deserve.

If you think you have a personal injury case and need legal assistance or want to know more about the trial process, book a free consultation with a personal injury lawyer today to understand your rights.