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The Stages of a Personal Injury Case

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The Stages of a Personal Injury Case

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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