Every personal injury case is unique, but there are some common litigation landmarks you can expect to encounter once you make the decision to file a personal injury lawsuit.

Every personal injury case is unique, but there are common litigation landmarks you can expect to encounter once you make the decision to file a personal injury lawsuit.

HIRING A LAWYER. At the heart of any 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. If the plaintiff's losses ("damages" in legalese) appear to be more than the small claims court limit (usually around $5,000 to $10,000, depending on the state), most plaintiffs will talk with a lawyer. If, after the initial consultation, it appears that the plaintiff might have a case, the lawyer may agree to conduct an exploratory investigation, including as to whether or not the defendant has applicable insurance and/or sufficient assets to cover any settlement or judgment. If the consultation and investigation lead the lawyer to conclude that the case is viable, a fee agreement will be signed and the attorney-client relationship will be official.

FILING AND SERVING THE COMPLAINT. After establishing that a legitimate case exists, the plaintiff's lawyer will file a personal injury complaint in the proper court. The complaint is the first official document in the case, laying out in very broad detail what the plaintiff is alleging (what the defendant did, how the plaintiff was harmed, etc.). After the complaint is filed, the plaintiff's lawyer will have a month or more to locate the defendant and "serve" the complaint on them. 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 the date by which theye must "appear" in court.

THE DEFENDANT HIRE A LAWYER. If insurance applies, the defendant must notify the insurance company as soon as they know about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then appoint and pay for a lawyer. Defense attorneys work at an hourly rate, not under a contingency fee agreement, so if the defendant can afford to pay out-of-pocket, a "losing" case that's headed for early settlement is not a deterrent to the attorney, who is getting paid either way.

PRETRIAL AND DISCOVERY. In the pretrial process, both sides will ask each other for evidence and witness information in a phase called "discovery." As discovery proceeds, both sides will begin to schedule depositions of the opposing party and witnesses, i.e. question-and-answer sessions under oath.

This process of discovery and intermittent court appearances can take months (even a year or more), with the trial date frequently being 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 (these motions lose 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, make motions to determine what evidence will be allowed at trial, select a jury, etc.

TRIAL. 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 collision or other incident and for the plaintiff's losses, and if so, how much the defendant is required to pay out in damages. After trial, either party can initiate an appeals process that 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 established at trial or on appeal.

SETTLEMENT IS STILL 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.

If you're thinking about taking a personal injury case to court, it might be time to discuss your situation (and your best course of action) with a lawyer. Give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.