From a client’s perspective, a personal injury claim may seem to be a matter of simply filing a complaint and setting a trial date. In reality, it’s a lengthy procedure requiring many different steps, a skillful, experienced attorney, and a committed client. By breaking down the process into five stages, you the client will better understand the time and energy which is required to litigate a personal injury claim, and to understand how to assist your attorney with pre-suit investigation.
Investigation: The personal injury lawyer’s first task is to obtain as much information as possible from the client. A good attorney will be sure to question the client closely about the circumstances giving rise to the case. In some instances, it will be important for the attorney to conduct legal research, either because the legal questions presented are complex, or to confirm her understanding of the applicable law. Additional pre-suit investigation may include the use of private investigators or experts to better understand complex non-legal issues or professional standards. Although it is common for surprises to arise later in a case, they can be avoided for the most part with a thorough pre-suit investigation.
Pleading: Once the investigation is complete, your attorney will likely commence legal proceedings by preparing a complaint which sets forth your allegations. The complaint is filed with a clerk of court, and the defendant is notified of the pending lawsuit, and given a certain amount of time to respond to the complaint.
Discovery: During discovery the plaintiff and the defendant will exchange information either through documents, or by way of depositions. At this point, attorneys for both sides may dispute the admissibility of evidence, seeking to have it either included or excluded. At a deposition, both attorneys can question the deponent who must respond under oath. Depositions have many purposes, from collecting or confirming information from witnesses, to finding inconsistencies. Many lawsuits settle during the discovery stage, as both parties weigh the costs and benefits of going to trial.
Trial: At trial, both parties will present their case before a judge or jury, who will then render a judgment based on the evidence and argument presented. In a personal injury lawsuit, the judgment will usually be in the form of a monetary payment, should the plaintiff win the case.
Appeal: If either party is dissatisfied with the judgment rendered, that party may usually appeal the decision to a higher court. In an appeal, the higher court will reveal the lower court’s actions to determine if any material errors were made. The higher court will affirm, reverse, or remand that decision.
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