Steps in a Personal Injury Lawsuit

From a car accident to a slip and fall, no matter what kind of incident gives rise to a personal injury claim, here's what to know about the potential timeline of the case:

• The vast majority of personal injury claims will be settled out of court, before any civil trial takes place.
• Especially when there's plenty of insurance coverage, many claims will reach a personal injury settlement before a lawsuit is even filed.
• If a lawsuit is filed, the timeline of your personal injury case will depend in part on the court's calendar, but settlement could still occur at any point.

The Claimant's Injury

At the heart of any legitimate personal injury case is, of course, an injury of some kind. However uncertain the defendant's liability or the extent of the plaintiff's losses might be, no case will make it far without some proof of the plaintiff's injury.

Let's look at the timeline in a typical personal injury case (using a back injury caused by a car accident as the hypothetical scenario).

The Accident

• Patty Plaintiff gets into a car accident with Dan Defendant.
• Patty and a number of witnesses state that Dan ran a red light.
• Patty experiences some pretty serious back pain in the wake of the accident.

Initial Medical Treatment

• Patty seeks medical attention and is diagnosed with trauma-induced spondylolisthesis, where a vertebra slips out of its position in the spine.
• Patty's doctor prescribes a back brace and recommends that she undergo physical therapy for six months, after which Patty will be re-evaluated, including assessment of the need for corrective back surgery.

Consultation with Personal Injury Attorney

• Since Patty's accident-related losses (called "damages") appear to be more than the local small claims court dollar limits (typically around $5,000 to $10,000), she consults with a personal injury attorney to discuss the case.
• The attorney believes that Patty has a case and that she is entitled to compensation for damages -- including medical bills, lost wages, costs of future medical care, loss of future earning capacity, and the pain associated with her injuries.
• Patty negotiates the lawyers fee, based on a contingency fee arrangement, and signs an agreement for legal services.

The Personal Injury Attorney Investigates and Prepares the Case

Part of the attorney's investigation will likely focus on whether the defendant has insurance or sufficient assets to cover any settlement or judgment. If the consultation and investigation lead the attorney to conclude that the case is viable, the plaintiff and attorney will sign a fee agreement and the attorney-client relationship will be official.

Personal injury lawyers usually work on a "contingency fee" basis, meaning their fee is dependent on a favorable outcome for the client.

Learn more about how a lawyer decides whether to take a personal injury case.

A Complaint Is Filed and Served on the Defendant

After establishing that a legitimate case exists, the plaintiff's attorney will file a personal injury complaint in the proper civil court. The complaint is the first official document in the case, laying out in very broad detail what the plaintiff claims the defendant did to cause the plaintiff harm.

After the complaint is filed, the plaintiff's attorney will have a month or more to "serve" the complaint on the defendant. Serving the complaint basically means physically delivering the complaint to the defendant in a way that can be verified, ensuring the defendant cannot later claim to not know about the lawsuit. Along with the complaint, the service papers will tell the defendant when to appear in court.

The Defendant Hires an Attorney

The defendant will typically have a month or more to find an attorney before the first court date. If the defendant has assets or an applicable insurance policy, finding a personal injury defense attorney willing to take on the case shouldn't be difficult.

If the defendant has an insurance policy that potentially covers the alleged harm, the defendant must notify the insurance company. The insurance company will then appoint and pay for a lawyer if the defendant has not already hired one. Defense attorneys work at an hourly rate, not under a contingency fee agreement, so defense attorneys get paid whether they win or lose a case.

Pre-Trial and "Discovery"

In the pre-trial process, both sides will ask each other for evidence and witness information in a phase called "discovery." In the early stages of the case, both sides will also appear in court to inform the judge of how the case is proceeding, to agree (or not agree) to mediation or arbitration, and to set a trial date. As discovery proceeds, both sides will begin to schedule depositions (question-and-answer sessions under oath) of the opposing party and witnesses.

This process of discovery and periodic court appearances can take months (even a year or more), with the trial date frequently getting pushed back. Eventually, once discovery has concluded, the defendant may ask the judge to throw out the case on "summary judgment," arguing that the plaintiff cannot possibly win at trial (judges deny these motions more often than not).

As the case moves closer to trial, the parties will significantly ramp up their efforts as they engage in mandatory settlement conferences and make motions to determine what evidence will be allowed at trial (called "motions in limine").

The Trial Phase of a Personal Injury Lawsuit

Finally, the trial will begin and, for a typical personal injury case, last at least several days. At trial, the judge or jury will determine if the defendant is at fault for the accident and for the plaintiff's losses, and if so, how much the defendant is required to pay out in damages. After the trial, either party can file an appeal. The appeals process can last from several months to several years. After the appeals process has been exhausted, a losing defendant will be required to pay the damages ordered at trial or on appeal.

Settlement Is the Most Likely Outcome

Most personal injury cases settle before trial. At any point in the process described above, the parties can settle and end the case, even before the complaint is filed. Learn more about the personal injury settlement negotiation process and get tips on getting the best settlement.

Getting Help With a Personal Injury Claim

The timeline we've presented here (and its various offshoots) is one for a personal injury claim that proceeds relatively smoothly. We couldn't cover all the potential speedbumps your claim might hit. Key issues like fault might be in serious dispute, or the other side (the person who caused your accident or their insurance company) might be questioning the legitimacy of your injuries. In situations like these, having an experienced legal professional on your side can be the key to getting the best result.

If you're thinking about taking a personal injury case to court, it might be time to discuss your situation (and plot out your best course of action) with an attorney. Get tips on how to find the right personal injury lawyer.