April 22, 2024

What to Expect During the Personal Injury Lawsuit Process

Understanding the process can make a significant difference if you’ve ever been involved in a personal injury case or are currently facing one. The personal injury lawsuit process can be complex and overwhelming, but having a clear grasp of what to expect will help you navigate it more effectively.

Personal injury cases arise when someone suffers harm due to another party’s negligence or intentional actions.  You can confidently navigate each stage by understanding what happens during this process. It’s crucial to understand the litigation process as it involves several stages, including filing a complaint, gathering evidence, negotiation attempts, and potentially going to trial.

What Happens During a Personal Injury Lawsuit?

Accident victims often wonder what to expect during the process. It can be a complex and overwhelming experience, but understanding the key steps can help ease some of the uncertainty.

Gathering evidence and documentation

One of the first crucial steps in a personal injury case is gathering evidence and documentation to support your claim. This includes collecting medical records, police reports, photographs of the accident scene, witness statements, and other relevant documents that can establish liability and demonstrate the extent of your injuries. Compiling strong evidence early on gives your personal injury lawyer a solid foundation to build your case.

Negotiating with insurance companies

After gathering all necessary evidence, your personal injury lawyer will begin negotiations with the insurance company representing the at-fault party. This stage involves presenting a demand letter outlining your injuries, damages, and desired financial compensation. 

The insurance company may respond with a counteroffer or attempt to undervalue your claim. Skilled negotiation techniques are essential during this phase to ensure you receive fair settlement offers that adequately cover your losses.

Depositions and witness testimonies

Depositions are integral in personal injury lawsuits, allowing both parties to gather information under oath before trial. You may be required to provide testimony about the accident or answer questions from opposing counsel. 

Witnesses who observed the incident or have relevant information may also be deposed. These depositions help establish credibility and provide valuable insights into what happened leading up to the accident.

Mediation or settlement conferences

In most personal injury cases, settlement conferences or mediation will resolve the dispute before trial. During these alternative dispute resolution processes, both parties meet with a neutral third-party mediator who assists in negotiating a fair settlement. 

Mediation allows for open discussions and allows accident victims to voice their concerns while working towards a resolution outside of the courtroom. Settlements can save time, money, and emotional stress associated with trials.

Trial preparation and courtroom proceedings

If your case does not settle during mediation or through negotiations, it may proceed to trial. This stage involves thorough trial preparation by your personal injury lawyer, including gathering additional evidence, identifying expert witnesses, and developing a strong legal strategy. Both sides will present their arguments and evidence before a judge or jury. Your attorney will advocate to prove the other party’s fault and seek fair compensation for your injuries.

From gathering evidence to negotiating with insurance companies and potentially going to trial, having an experienced personal injury lawyer by your side ensures you have the best chance of obtaining a favorable verdict or settlement that provides you with the compensation you deserve.

Common Personal Injury Cases

Car Accidents and Motor Vehicle Collisions

Car accidents and motor vehicle collisions are the most common personal injury cases. They can result in severe injuries, property damage, and emotional trauma. When you’re involved in a car accident, it’s crucial to understand what to expect during the personal injury lawsuit process.

After an accident, ensure everyone’s safety and call for medical assistance if necessary. Then, gather as much evidence as possible at the scene of the accident. Take photos of the vehicles involved, any visible injuries, skid marks on the road, and traffic signs or signals. Collect contact information from witnesses who may have seen what happened.

Once you’ve received medical attention and reported the incident to your insurance company, you should consult with a personal injury attorney. They will guide you through the legal process and help determine if you have a valid claim against the other party involved in the accident.

If your case proceeds to litigation, your attorney will file a complaint against the responsible party on your behalf. This initiates the lawsuit process. Both parties will then engage in negotiations or alternative dispute resolution methods, such as mediation or arbitration, to reach a settlement agreement.

A trial may be needed if the parties cannot settle during these early stages. At trial, both sides will present their arguments and evidence before a judge or jury, ultimately deciding whether you are entitled to compensation for your injuries and damages.

Slip and Fall Accidents on Someone Else’s Property (Premises Liability)

Slip and fall accidents on someone else’s property can lead to significant injuries such as broken bones, sprains, or head trauma. Understanding what lies ahead during a personal injury lawsuit can be beneficial if you find yourself injured due to hazardous conditions on another person’s premises.

After experiencing a slip and fall accident, the first step is seeking immediate medical attention. Your health and well-being should always be a priority. Once you have received medical treatment, gather evidence of the dangerous condition that caused your fall. Take photographs of the area, including spills, uneven surfaces, or inadequate lighting.

Next, report the incident to the property owner or manager and ensure they document your complaint. If any witnesses were present during your fall, obtain their contact information, as they may provide valuable testimony later.

Consulting with a personal injury attorney experienced in slip and fall cases is highly recommended. They will assess your situation and help determine if you have a viable claim against the property owner. Your attorney will guide you through negotiations with the defendant’s insurance company to reach a fair settlement. They will file a lawsuit on your behalf if you cannot reach an agreement.

Both sides will present their arguments and evidence to support their case during litigation. The court will consider factors such as whether the property owner was aware of the hazardous condition or had ample time to rectify it. 

It is possible to obtain compensation for medical expenses, pain and suffering, lost wages, and other damages if you can prove that negligence on behalf of the property owner was responsible for your injuries.

Medical Malpractice

Medical malpractice claims arise when healthcare providers fail to meet an acceptable standard of care while treating patients. These cases can involve professionals such as doctors, nurses, surgeons, dentists, or pharmacists. Understanding what to expect during a personal injury lawsuit process for medical malpractice is crucial if you believe you have been a victim.

If you suspect that you have suffered harm due to medical negligence or error, consult another healthcare professional for an independent evaluation of your case. This second opinion can help determine whether your healthcare provider provided substandard care.

If you suspect medical malpractice has occurred, you should consult an attorney specializing in medical malpractice cases. They will review your medical records, consult with expert witnesses, and evaluate the strength of your case.

In most jurisdictions, before filing a lawsuit, you may be required to submit a complaint to a medical licensing board or go through an alternative dispute resolution process such as mediation or arbitration. These steps aim to resolve the matter without going to court. If there is no resolution at the end of these preliminary stages, your attorney will file a lawsuit on your behalf. 

Things to Know Before You File a Personal Injury Claim

Statute of limitations for filing a claim

Did you know there is a time limit for filing a personal injury claim? It’s called the statute of limitations, which varies from state to state. If you wait too long to file your claim, you may lose your right to seek financial recovery for your injuries. 

So, it’s crucial to act promptly after an accident and consult with an attorney who can guide you through the legal process. They will ensure that your claim is filed within the specified time limits, giving you the best chance of receiving the compensation you deserve.

Importance of seeking medical attention immediately

After an accident, seeking medical attention should be your top priority. Even if you don’t feel any immediate pain or see visible injuries, it’s essential to get checked out by a healthcare professional. 

Some injuries may not manifest symptoms immediately but could worsen if left untreated. Getting prompt medical attention creates a record of your injuries and establishes a link between them and the accident. This documentation will be crucial in supporting your personal injury claim.

Documenting all accident-related expenses

To strengthen your personal injury claim and maximize potential compensation, thoroughly document all accident-related expenses. Keep track of medical bills, prescription costs, transportation expenses for medical appointments, and any necessary home modifications due to your injuries. These records will help demonstrate the financial impact the accident has had on your life and provide evidence when negotiating with insurance companies or presenting your case in court.

Understanding comparative negligence laws

Understanding comparative negligence laws is crucial. In some states, these laws determine how much compensation an injured party can receive based on their level of fault in the accident. 

For example, if you were found partially responsible for the accident that caused your injuries, your compensation may be less. It’s essential to consult with an experienced attorney who can explain your state’s specific comparative negligence laws and help you navigate through them to ensure you receive a fair settlement.

Potential compensation types available in personal injury cases

When filing a personal injury claim, it’s essential to understand the potential types of compensation that may be available to you. 

These can include:

  1. Medical expenses: This covers the cost of medical treatment, including hospital stays, surgeries, medications, and physical therapy.
  2. Lost wages: If your injuries prevent you from working or result in a loss of income, you may be entitled to compensation for the wages you would have earned during that time.
  3. Pain and suffering: This compensates for the physical pain and emotional distress caused by your injuries.
  4. Property damage: An accident that causes damage to your personal property (e.g., your car) may entitle you to reimbursement or repairs.
  5. Loss of consortium: A spouse or partner may receive compensation in an accident that causes them to lose companionship and intimacy.

Remember that each case is unique, and the specific types of compensation available will depend on various factors, such as the severity of your injuries and their impact on your life. By being aware of these crucial points before filing a personal injury claim, you can better navigate the process and increase your chances of receiving an adequate settlement for your damages. 

Remember to consult with an experienced attorney who can answer any questions and guide you every step of the way. Taking action now to protect your rights and get justice for yourself or your loved ones whom someone else’s negligence has hurt is important.

How To File a Personal Injury Claim

Contact an Experienced Personal Injury Lawyer

One of the first steps is to contact an experienced personal injury lawyer. A personal injury attorney will assess the details of your case, including the extent of your injuries and the circumstances surrounding the incident. They will help determine your valid claim and advise you on the best action.

Having an attorney by your side can significantly increase your chances of receiving fair compensation for your injuries. They will handle all communication with insurance companies, negotiate on your behalf, and ensure that your rights are protected every step of the way.

Collect Evidence to Support Your Claim

Gathering as much evidence as possible is crucial to strengthen your personal injury claim. This evidence will help establish liability and demonstrate the extent of damages you have suffered. Here are some types of evidence that may be beneficial:

  • Medical records: Obtain copies of all medical records related to your injuries. This includes doctor’s notes, test results, prescriptions, and other relevant documentation.
  • Photographs: Take pictures of the accident scene, property damage, visible injuries, or anything else that can support your claim.
  • Witness statements: If witnesses were present during the incident, collect their contact information and ask them for written statements detailing what they saw.
  • Surveillance footage: If available, obtain any footage that captured the accident or its aftermath.
  • Expert opinions: Expert opinions can provide valuable insights in complex cases or those involving specialized knowledge. Consult with accident reconstruction specialists or medical professionals who can testify on your behalf.

By gathering strong evidence early increases your chances of building a solid case supporting your personal injury claim.

File the Necessary Paperwork with the Court

Filing the necessary paperwork is critical in initiating your personal injury claim. Your attorney will guide you through this process, ensuring that all required documents are correctly completed and submitted within the deadlines. The specific paperwork may vary depending on the jurisdiction and type of claim, but generally includes:

  1. Complaint: This document outlines your legal claims against the responsible party and explains why they should be held liable for your injuries.
  2. Summons: The summons notifies the defendant(s) that they are being sued and gives them a deadline to respond.
  3. Affidavits: Affidavits are sworn statements from witnesses or experts supporting your version of events or providing additional evidence.
  4. Notice of Intent to Sue: In some cases, you may need to submit a notice of intent to sue before filing an actual lawsuit. This is a formal notification to the defendant(s) that you intend to take legal action.

Filing these documents promptly and accurately ensures your claim moves smoothly through the court system.

Communicate with Insurance Companies

During the personal injury lawsuit process, you will likely have interactions with various insurance companies involved in your case. This includes your insurance company and any insurers representing other parties involved. It’s important to remember that insurance companies are businesses aiming to minimize their payouts. Therefore, it’s crucial to approach these communications cautiously:

  1. Consult with your lawyer before providing any statements or signing any documents requested by insurance companies.
  2. Be cautious when discussing details of your case over the phone or in writing.
  3. Keep records of all communication with insurance adjusters, including dates, times, names of individuals spoken to, and summaries of conversations.

Your attorney will handle most communications with insurance companies on your behalf, protecting your rights at all times.

Prepare for Negotiations or Trial if Needed

Negotiations with the responsible party’s insurance company can sometimes resolve personal injury claims. Your attorney will negotiate to reach a fair settlement that adequately compensates you for your injuries and damages.

However, a fair settlement may not be possible, so your case may go to trial. This is where an experienced personal injury attorney shines, as they will present your case before a judge and jury, advocating for your rights and fighting for the compensation you deserve. During this process stage, it is crucial to trust your attorney’s expertise and follow their guidance.

Why Choose Greenstein & Milbauer, LLP

If you’re looking for a reliable and experienced personal injury law firm, look no further than Greenstein & Milbauer, LLP. Our team of dedicated lawyers is well-versed in the complexities of personal injury cases and will guide you through every step of the lawsuit process. 

With our expertise and track record of success, you can trust us to fight for your rights and help you obtain the compensation you deserve. Don’t navigate the legal system alone–let us be your trusted advocate. Contact our New York City office at 1-800-VICTIM 2 (842-8462)


What types of personal injury cases do you handle?

We handle many personal injury cases, including car accidents, slips and falls, medical malpractice, workplace injuries, etc. There are a wide range of complex legal issues that our attorneys have experience in, and they are capable of handling any situation.

How long does a personal injury lawsuit typically take?

The duration of a personal injury lawsuit can vary depending on various factors, such as the case’s complexity and whether it goes to trial. In general, it can take anywhere from several months to several years to reach a resolution. Rest assured that our team will work diligently to expedite the process while protecting your best interests.

Will I have to go to court?

Not all personal injury cases go to court. Negotiations or settlements outside of court are common ways to resolve disputes. However, if your case proceeds to trial, our skilled attorneys will provide strong representation and guide you through every courtroom process.

How much compensation am I entitled to?

The compensation you may be entitled to depends on various factors, such as the extent of your injuries, medical expenses incurred, lost wages due to your inability to work, pain and suffering endured, and other damages specific to your case. Our attorneys will thoroughly evaluate your situation and fight to maximize the compensation you receive.

How much does it cost to hire Greenstein & Milbauer, LLP?

We work on a contingency fee basis. This means that we only get paid if we win your case. Our fees are a percentage of the compensation obtained, ensuring our clients can pursue justice without worrying about upfront costs or legal fees.

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