Every personal injury case has its own unique story, but there are also commonalities running through each of them. In this blog, we’ll walk through the seven basic steps that most personal injury lawsuits share. From filing a complaint to a potential appeal, let’s take a look at these steps in more detail.
Step 1: Complaint & Summons
The initial document filed in a personal injury lawsuit is known as the complaint, which begins the legal process. The complaint includes details like:
- Who’s involved,
- Legal basis justifying the court’s jurisdiction,
- Stated legal claims,
- Facts of the incident, injuries, and damages
- Prayer for relief
The prayer for relief section outlines the specific actions that the plaintiff is requesting the court to take, such as issuing a judgment against the defendant or requesting the court to award an amount to be determined at a later trial.
The plaintiff also has to make the defendant aware that the defendant is being sued. The document that helps accomplish this is called the summons. It notifies the defendant that they’re being sued and refers the defendant to the attached complaint.
Step 2: Answer
After the complaint and summons have been filed and served, the defendant is required to respond within a specific timeframe, which varies depending on the court or, at times, the defendant’s location.
The defendant’s response should address the allegations made in each paragraph, either admitting or denying them. The response may also present some defenses, which are legal arguments explaining why the defendant should not be held responsible for the damages alleged by the plaintiff.
In some circumstances, the defendant may choose to assert their own claims against the plaintiff. This is referred to as a counterclaim and is included in the defendant’s answer. The counterclaim follows a similar format to the original complaint, and the plaintiff is provided with the chance to respond to it.
Step 3: Discovery
After all the initial legal paperwork (complaint, summons, answer, counterclaim, etc.) is filed, the parties begin the process of obtaining evidence from each other. This process is called “discovery” and the idea behind it is that both parties should have access to any relevant information.
In a personal injury case, obtaining evidence requires the parties to specifically request the information they need using five main tools:
- Interrogatories: It’s where one party sends specific questions to the other, who has to give honest, written answers under oath.
- Requests for Production: Instead of questions, one party asks the other to hand over copies of important documents they have in their possession.
- Requests for Admission: One party can ask the other to admit or deny important facts.
- Depositions: Depositions involve one party’s attorney questioning the other party or a witness. The deposed party must answer the questions verbally and truthfully while under oath. The entire deposition is transcribed by a court reporter.
- Physical Examination: The court may allow a mental or physical examination of a party if their condition is at issue in the case.
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Step 4: Motions
Parties also have the right to submit motions to the court before the trial to seek a ruling or action. A motion that could potentially bring the lawsuit to an end is called a “dispositive motion,” while a ruling on a secondary issue is referred to as a “non-dispositive motion.”
Common motions in personal injury cases include:
- Motion for change of venue
- Motion for default judgment
- Motion to compel
- Motion for summary judgment
Step 5: Pre-Trial Negotiations
Trials can be costly, time-consuming, and emotionally exhausting. The parties may attempt to settle a case before it reaches trial. This can be done through two main methods:
- Settlement: Attorneys involved in a case typically engage in settlement discussions. These talks may involve formal written offers and counteroffers or take the form of conversations between the lawyers over the phone.
- Mediation: The parties may bring in a neutral third party known as a “mediator” into negotiations. The mediator’s role is to facilitate settlement discussions by meeting privately with each party and addressing the strengths and weaknesses of their case. However, the mediator doesn’t have the power to force the parties to agree on a settlement.
Step 6: Trial
During a civil trial, a judge or jury assesses the evidence to determine the legal responsibility of the defendant regarding the claimed damages made by the plaintiff. A civil trial usually consists of 6 main phases:
- Picking a jury
- Opening statements
- Witness testimony and cross-examination
- Closing arguments
- Jury instruction
- Jury deliberation and verdict
Step 7 : Appeal
If a party is unsatisfied with the outcome of the trial, they may have the option to request an appeal. During the appeal process, both parties will have the opportunity to present their arguments and evidence in written form to the higher court. The court will also examine the trial court’s record and may allow for the lawyers to present oral arguments.
After reviewing the briefs and the record, the court will release an opinion. The opinion will either affirm the verdict made by the trial court or find an error, in which case the appellate court may reverse the verdict or order a new trial.
All things considered, personal injury lawsuits can be lengthy and complex. Assistance from an attorney can make a big difference in your case.
If You Need Legal Guidance, Contact Berry Law
Taking on a personal injury lawsuit often requires skills and guidance. From filing a complaint to potential appeals, each step demands careful attention and strategic planning. If you find yourself in such a situation, remember that Berry Law is here to assist you. Our team of dedicated personal injury attorneys will work hard to protect your rights and pursue the compensation you deserve.
Reach out to Berry Law today to take the first step toward a resolution in your personal injury case.
