Legal Steps in a Personal Injury Case

If you suffered a personal injury due to the negligence or intentional act of another party, that party should be responsible for compensating you for the damages you have suffered. If you file a lawsuit, there will be several steps you must go through to secure recovery.

Filing the Lawsuit

The first step in a personal injury case is filing the lawsuit. To file a lawsuit, first, make sure you understand which party was responsible for your injuries. Whichever person or entity acted negligently or willfully that caused your injuries will be the defendant in the lawsuit.

The lawsuit, also called a complaint, will need to lay out how the defendant acted negligently and will need to include a claim for the number of damages you are entitled to recover. The defendant must file an answer to the lawsuit, indicating whether they agree or disagree with the statements included in the complaint.

Dealing with Discovery

After an answer has been filed to the lawsuit, the court will set a period where the parties can seek out information. This allows the parties to gather the information that supports their claims. There are three common types of discovery:

• Depositions: Depositions allow for in-person interviews of individuals who have information about the case.
• Interrogatories: Written questions that the other party must answer.
• Requests for Production: Requests for production require the other party to produce documents that are relevant to the lawsuit.

Discovery can often be a long process, but additional evidence is essential to understanding the strength of your case.

Reaching a Conclusion

The lawsuit will either conclude through a settlement agreement between the parties or by going to trial. The defendant can propose a settlement offer at any time, but it is most common after discovery when the parties have a clear picture of the strength of the evidence. If the parties don’t settle, the case will go to trial, which can last anywhere from one day to several weeks.

A personal injury lawsuit can be overwhelming. Contact our firm today for assistance in pursuing relief for your injuries.