If you or a loved one has been the victim of an accident that resulted in injury, you may be wondering what the process of filing a personal injury lawsuit looks like.
Though every case is different, there are some general steps that most personal injury lawsuits have in common. Here’s an overview of what you can expect if you decide to file a personal injury lawsuit.
- The Filing of a Complaint
The first step in filing a personal injury lawsuit is the filing of a complaint with the court. In the complaint, the plaintiff (the person filing the lawsuit) will state the facts and allegations that led to the accident and identify the defendant (the person or entity being sued).
The complaint will also detail the injuries suffered by the plaintiff and specify what amount of damages is being sought.
- The Service of Process
Once the complaint has been filed, the next step is to serve the defendant with “process.” This simply means that the defendant must be formally notified of the lawsuit and given an opportunity to respond.
In most cases, process is served by having a sheriff’s deputy or private process server hand-deliver copies of the complaint and summons (a document that tells the defendant when and where to appear in court) to the defendant.
- The Defendant’s Response
After being served with process, the defendant will have an opportunity to file a response to the complaint. The response will generally either admit or deny each of the plaintiff’s allegations.
If any of the allegations are admitted, then those admissions may be used as evidence against the defendant at trial. If any of them are denied, then the plaintiff will have an opportunity to prove them through witnesses and/or documentary evidence at trial.
- Discovery
Once both sides have had an opportunity to file their initial pleadings, discovery begins. Discovery is simply the process by which both sides exchange information and evidence that may be relevant to the case.
This usually takes place in written form (through interrogatories and requests for production) but can also happen through depositions, which are question-and-answer sessions conducted under oath outside of court.
- Pretrial Motions
After discovery has been completed, both sides may file motions with the court asking for certain rulings prior to trial. Alternatively, either side may file motions asking the court to exclude certain evidence from trial based on its relevance (or lack thereof). These motions are generally ruled on by a judge prior to trial.
- Trial
If all goes well during discovery and none of the pretrial motions are granted, then your case will eventually go to trial before a judge and/or jury, where each side will present its evidence and argue its version of events to try and persuade the judge or jury to rule in its favor.
Once each side has had an opportunity to present its case, the judge or jury will deliberate in private and render a verdict in favor of either party.