A personal injury lawsuit is sometimes the only way that an accident victim can get the compensation they need to recover fully. But most Americans haven't been through a civil trial before and have many questions about what it might entail for them. Do you feel this apprehension? If so, here's a short primer on the personal injury lawsuit process, what you can expect, and what decisions you'll make along the way.
A lawsuit in civil court begins when the plaintiff files a complaint with the court. This document officially lays out, in broad detail, what they allege the defendant did (or didn't) do and how it harmed the plaintiff. Each court has its own procedure for serving the defendant (often called the respondent) with the complaint. They will then have a period of time in which to respond.
The period between filing a complaint and actually going to trial is full of vital activity. As the plaintiff, you will be involved in what is known as discovery. In law, discovery is the mandatory exchange of information between the two parties so that everyone has access to evidence and testimony that they may need to prove their case. Discovery creates a level playing field.
Discovery generally falls into four categories. The first is requests for admission, which clarify what's at dispute by requesting the other party either admit or deny statements. The second is requests for production. You may each ask the other side to provide access to or produce relevant documents, pieces of evidence, and other information.
Third, both parties can send a list of questions that the other must generally answer under oath. Exceptions are made when there are legitimate objections to the question. And finally, you may get witness depositions, which are question-and-answer sessions done under oath with legal representation available.
This is a good time to talk about settlement negotiations. However, this is unlikely to be the first time that negotiations come up in your lawsuit process. Both parties can negotiate an out-of-court settlement at any time — starting before anyone involves the court and continuing up until the jury is deliberating.
The pre-trial period is a common time for serious negotiations to occur. This is because the expense and effort of a trial is finally real for both sides. In addition, discovery lets both parties gauge the strength of their case and that of the other. Some litigants also use mediation to help them reach an agreement before the trial actually starts.
If you haven't reached a settlement out of court, the civil trial begins. As the plaintiff, your legal team presents your case first. After all the desired evidence and testimonies have been presented, you will rest your case and the defendant begins theirs. Afterward, the plaintiff generally has a chance to rebut new elements that came up during the trial. This rebuttal is strictly focused on new issues, not rehashing your original case.
Some personal injury trials include a counterclaim. Counterclaims occur when the defendant files their own related complaint, accusing the plaintiff of being liable for some or all of the matters in dispute. The counterclaim is litigated during the main trial, which may add some additional steps for both sides but won't add an entirely new trial.
Personal injury cases are generally decided by a jury of strangers. The amount of jurors depends on the rules of the jurisdiction in which the case is heard. The jurors may or may not need to be in unanimous agreement. When both parties have presented their cases, the jury will retire to begin deliberations. A verdict may come very quickly — within hours at times — or it may take a while.
