What Are the Steps in a Personal Injury Lawsuit?

Published On: January 27, 2025

Were you recently injured in a car crash, a medical mistake, a slip and fall on someone’s property, or someone’s wrongful or negligent action?

You can seek compensation in a personal injury lawsuit.

Every state allows injured parties to sue for negligence if they prove that another person violated their duty of care and caused an accident with injuries and damages.

Below, learn the steps to follow when filing a personal injury lawsuit. A personal injury attorney should take proper action to ensure you receive full compensation for your losses. Talk to a New Port Richey personal injury lawyer for a detailed case analysis.

 

 

What Counts As A Personal Injury?

A personal injury happens when someone suffers a physical injury because of someone’s negligence or wrongful action. A personal injury can include property damage, but it also must physically harm you.

A personal injury lawsuit is a court claim to hold someone liable for causing another person’s injuries. Florida and other states’ laws allow you to demand that the liable party cover your losses from the accident. If your lawsuit succeeds, you will receive payment for medical bills, lost earnings, etc.

Negligence Law Overview

State negligence laws allow an injured person to recover what they lost in an accident or incident caused by someone else. You can recover compensation through the negligence theory or strict liability theory.

Negligence means that someone who caused the injury didn’t act in a way that a reasonable person would have in the same situation. To win a negligence claim, you have to prove that the other person had a duty of care, breached their duty, and you sustained injuries related to their negligence.

What Are Common Types Of Personal Injury Cases?

This image shows two cars involved in a side-impact collision, often referred to as a "T-bone" accident.

A personal injury lawsuit can be triggered anytime someone’s action or inaction hurts another person.

For instance, if a car driver hits you in a crosswalk when you have the right of way, it can cause a personal injury lawsuit. Or, a landlord may neglect maintenance on their property, and a missing handrail may cause you to fall and break your arm.

Some of the common personal injury situations that lead to lawsuits are:

What Happens In A Personal Injury Lawsuit?

A common question after a serious accident with injuries is, ‘What are the steps in a personal injury lawsuit?’ Every case differs, and the steps depend on the injuries and how the incident happened.

For instance, the steps in a personal injury lawsuit for a car accident differ from those for product-related mass torts. However, one thing that all personal injury claims share in common is that the matter can be settled at any time before going to court.

However, settling a claim before a lawsuit in court requires both sides to agree to a fair amount of compensation. In many cases, the insurance company may not make a reasonable settlement offer until later in the claim process.

Usually, the steps of a typical personal injury lawsuit include:

Accident Investigation

The investigation phase of a personal injury claim starts after the initial legal consultation. This is when your personal injury attorney will investigate the car or other type of accident. They will also collect your medical records, eyewitness statements of what happened, police reports, photos and video, etc.

The accident or incident investigation focuses on liability, damages, and losses, and the insurance policy to compensate you. Liability means who is responsible for the accident and your injuries. Damages are the medical bills, lost earnings, pain and suffering, etc., you are entitled to.

Insurance is important because most personal injury claims are paid through insurance coverage. For example, a serious car accident may happen when a driver hits the side of your vehicle when running a stop sign. The accident investigation may show that the driver has auto insurance with $100,000 of coverage. The liable driver’s auto insurance usually covers damages in the accident.

However, some states, including Florida, have no-fault insurance laws that require each driver to cover their initial damages through their own policy.

You can step outside the no-fault system if you have extensive and serious injuries that are not fully covered by no-fault insurance. Then, the at-fault driver’s insurance will kick in.

Settlement Demand And Negotiation

In this phase of a personal injury lawsuit, your personal injury attorney will review their recommendation about demanding a settlement from the insurance company.

The amount stated in the insurance demand letter will depend on:

  • The severity of your injuries
  • Current and future medical expenses
  • Lost wages
  • Lost earning capacity, if applicable
  • Pain and suffering
  • Mental anguish

The insurance coverage available may not fully cover your losses. In this case, the attorney will often recommend demanding insurance coverage limits. So, if the insurance policy covers $100,000 and you have more damages, the demand will usually be for $100,000.

The sending of the demand letter may cause the insurance company to accept the demand. Or, they may reject it outright or offer a lower settlement. Most insurance companies offer low settlement offers initially and may increase the offer with more negotiations and proof from your personal injury lawyer about your losses.

Most injury claims end with a settlement, but your attorney may recommend filing a lawsuit if the case cannot be resolved in negotiations. Filing a personal injury lawsuit is the first step to taking the case to court. Sometimes, just because your personal injury lawyer filed a lawsuit is enough to get the insurer to offer a fair settlement.

Personal Injury Lawsuit Discovery

The next step in a personal injury lawsuit is the discovery process. This is where your attorney and the insurance company exchange information, including accident evidence, medical reports, and witness depositions.

The purpose of discovery by the insurance company is to look for reasons to pay you less. For example, an insurance company may claim that your injured back from the truck crash is a pre-existing condition. Or, the adjuster may say you exaggerated your injury.

As lawsuit discovery ends, your personal injury attorney will prepare the case for trial. Court-ordered mediation may attempt to end the case with a settlement before the lawsuit goes to trial. A third party, a professional mediator, leads mediation, and they will attempt to negotiate a settlement between you and the defendant.

If mediation fails, the trial proceeds.

Court Trial

Very few cases go to trial because most injury victims want to receive money sooner through a settlement. However, the insurance company can refuse to offer a fair settlement. Your attorney will present its best case to the jury and prove that another party’s negligence or wrongful action caused your injuries and losses.

If you reach a settlement or favorable verdict, the money the court awards you will go to your attorney’s law office. Your personal injury attorney will deduct their legal fees and expenses, address any medical liens, and then issue the rest of the funds to you.

 

 

What Can You Sue For In A Personal Injury Lawsuit?

There are many damages you can receive in a personal injury lawsuit. First, you can receive compensation for economic damages, which include medical expenses and lost earnings. You can recover compensation for your current and future medical expenses. Also, you can receive compensation for your lost earnings and, potentially, lost earning capacity for a permanent injury.

Second, you may receive compensation for non-economic damages, including pain and suffering, mental anguish, and loss of enjoyment of life. Your personal injury lawyer needs extensive documentation of your pain and emotional losses to recover just compensation.

What Is Your Personal Injury Lawsuit Worth?

A personal injury claim’s value depends on many factors, and two similar cases can have drastically different values. Important factors in your claim’s potential value include:

Total Medical Expenses

Your total current and future medical expenses are a major factor in the case’s value.

For example, suppose you shattered several bones in your legs in a pedestrian accident. You may have hundreds of thousands in medical bills, including hospitalization, surgery, rehabilitation, prescription drugs, and more. This claim should recover more than if you had only a few doctor appointments from a minor injury.

Severity Of Injuries

The severity of your injuries will also dictate the size of the settlement or lawsuit award. You can have millions in damages for a paralysis injury; just the first year following an injury might result in a million or more in medical bills for a paraplegia case. On the other hand, your claim is worth less for a broken wrist and arm.

Lost Income

Your lawsuit may be worth more if you lose several months of income because of a serious injury. You also may recover lost earning capacity compensation if you have a permanent injury, such as paralysis or a serious head injury.

Pain And Suffering

A severe injury can cause agonizing pain and suffering, such as severe burns in a truck accident. Or, you can have minor discomfort from a pulled back in a minor rear-end car accident.

Insurance Limits

Many people only carry minimal insurance, so your damages may be more than the available coverage. For example, many car drivers have only $25,000 of liability coverage for bodily injury.

You might not obtain more compensation than insurance policy limits. However, your attorney will identify all potential sources of compensation, including other insurance policies that are in effect.

For example, for a slip and fall claim in a home, the owner’s homeowner’s policy will probably cover the claim.

Strength of Evidence

The burden is on you and your attorney to prove that the defendant is liable for your injuries. You also need to prove the extent of your injuries and damages. A strong injury claim with excellent evidence and expert testimony may boost the chances of winning in court. The insurance company may offer a higher settlement.

Your personal injury attorney will review your case and damages and provide an approximate case value. The claim value can change, but your personal injury lawyer should have a rough idea based on their extensive experience.

Will Your Claim Settle or Go to Court?

Personal injury lawyers discussing a legal document in a professional setting, highlighting a consultation or agreement review.

Most personal injury claims end with a settlement. Very few end up in court. Even fewer continue to a jury verdict. It’s usually in the interest of both sides to settle a personal injury claim with a settlement offer, as long as the offer is fair.

You may have piles of medical bills for the plaintiff and be out of work. It may make sense to take a settlement today instead of going to court and seeking more or perhaps receiving nothing at all. Cases should only go to trial when necessary for a fair outcome.

For the defendant, settling a claim can prevent having to pay more at trial. If a trial seems possible, insurers might make a favorable offer to avoid going to court.

Your attorney usually advises taking a fair settlement when they negotiate one with the insurance company. However, some insurance companies offer less than others, and you might only receive inadequate offers.

In such cases, filing a personal injury lawsuit and going to trial may be better. It largely depends on the circumstances and your personal injury attorney’s advice.

A Personal Injury Attorney Can Help You Now

Another person injured you in a car accident or other mishap. You shouldn’t attempt to negotiate a settlement without hiring a personal injury attorney. Your attorney will value your claim, prove liability, and hold the liable party accountable for your damages.

Speak to an experienced, proven personal injury attorney in a free consultation today. You don’t pay legal fees unless your personal injury attorney wins your case, so there is no financial risk to you.