Filing a Personal Injury Lawsuit

What is a Personal Injury Lawsuit?

A personal injury lawsuit is a structured legal proceeding filed in court that may become necessary when the parties involved in a personal injury claim cannot agree on a settlement amount or the defendant’s attorney refuses to meet specific court deadlines. High-value cases or cases with significant disputes over liability are more likely to proceed to a formal lawsuit, but only 5-10% of injury cases ever lead to a lawsuit, and even fewer (3%) make it to trial. While the goal is to recover compensation for losses such as medical expenses, lost wages, and pain and suffering, a lawsuit also serves a larger purpose by demanding accountability from those whose negligence caused harm. Unlike a basic insurance claim, a lawsuit requires a formal filing process, detailed preparation, and often, a court appearance.

It’s important to remember that while a personal injury lawsuit process follows a general structure, every case is different. From the timeline to the legal strategy to the players involved, the ultimate outcome can vary significantly depending on the severity of the injury, the strength of the evidence, the particular challenges involved in the case, and the injury laws in the state where the incident occurred. That’s why working with an experienced, local personal injury attorney is absolutely essential.

Why You Need an Experienced Personal Injury Attorney

A skilled, local personal injury attorney is essential for handling your case because they understand state tort laws and know how to navigate the legal system efficiently. Your lawyer takes the burden off you by investigating your claim, preserving evidence, interviewing witnesses, and consulting medical or accident reconstruction experts when needed. They also build a strong case and present it effectively in filings, negotiations, and, if necessary, represent you at trial while ensuring that all critical deadlines and procedural requirements are met.

Most importantly, your attorney acts as your advocate against insurance companies who are focused on minimizing payouts. Without representation, injured individuals are often pressured into accepting unfair settlements. An experienced lawyer understands the tactics used by insurance companies and the true value of your claim. They are highly motivated to make sure that your settlement covers all of your damages – typically recovering five to 20 times more than an injured person could negotiate on their own.

Personal Injury Lawsuit Steps

In a typical personal injury lawsuit, there are nine steps involved, starting with hiring an attorney:

1. Hiring a Personal Injury Attorney

It is always a good idea to consult with a skilled, local personal injury attorney as soon as possible after your injury. Every state has a statute of limitations, which is a legal deadline for filing a claim. Consulting with an attorney early who understands what is the statute of limitations on injury claims ensures you don’t miss your opportunity to pursue compensation.

During the free consultation, the attorney will gather information about the circumstances of your case to make an initial assessment of the value of your claim and determine whether you may share any liability for the accident and how that might affect your claim under comparative or contributory negligence laws. They will then discuss your legal rights and any appropriate next steps.

Many attorneys will conduct the initial consultation in person, at your home or hospital, or via phone or video call. If you decide to work together, your attorney will explain the nature of the attorney-client relationship to you, their obligations to you as a client, their fees, and what initial documentation they need from you. You will then be asked to sign a contract, which, once signed, officially creates the attorney-client relationship and documents your agreement to have the attorney represent you.

2. Insurance Review

After you have hired a personal injury lawyer, they will conduct a thorough review of all relevant insurance policies, starting with the “at-fault” party’s insurance coverage to determine policy limits and types of coverage available. This is critical because at some point, the at-fault party’s insurance company must be presented with a formal demand for payment. At the same time, the attorney must carefully examine the injured party’s own insurance policies to see if Underinsured Motorist (UIM) coverage is available. UIM coverage can provide additional compensation if the at-fault party’s insurance is not enough to fully and fairly cover the injured person’s losses and damages.

In addition to liability and UIM coverage, the attorney must also review any medical insurance policies involved. It is important to determine which insurer is responsible for covering medical expenses first, as medical bills can complicate the settlement process. Often, medical providers or insurers who initially pay for treatment expect reimbursement from any settlement through a process called subrogation, which involves a complex set of laws. A skilled personal injury lawyer works carefully to ensure that no medical insurer is repaid unless the law provides for it, preserving as much of the settlement as possible for the injured client.

3. Investigation and Gathering Evidence

While your attorney reviews insurance and medical policies, it is time to gather all relevant documentation for your accident, including any pictures you took at the accident scene, pictures of the damage to your vehicle or any other property involved in the accident, pictures of your injuries, and any medical records and/or receipts for medical treatment, etc.

Your personal injury lawyer will start to investigate all facts of your case to help them understand what led to your injury, the severity of your injuries, and the complete list and value of your damages. Surveillance footage, 911 transcripts, and witness statements are often gathered during this phase to build a comprehensive picture of the incident.

During the investigation, your attorney will also make initial contact with the insurance company and the defense lawyer (if there is one) that represents the party responsible for your injury. If necessary, your attorney may also retain expert witnesses, such as accident reconstructionists or medical experts, who can provide expert insight into how the injury occurred and the long-term impact on your health and livelihood.

During this phase, your job is to share documentation and seek all appropriate medical care and comply with any medical treatment plans as recommended by your providers. You will need to keep your attorney informed about the medical treatment you are receiving. With your attorney handling the investigation, you can focus on healing and getting back to your pre-accident health or as close to your pre-accident health as possible.

4. Settlement Demand

Once your lawyer has finished gathering all relevant evidence for your case, they will craft a demand letter and send it to the at-fault party, their insurance company, or their attorney (if they have obtained a lawyer.) A demand letter lays out how you were injured in the accident, and a detailed accounting of the damages that you sustained as a result of the accident along with any future losses – such as current and future medical bills, lost wages and future earning capacity, and pain and suffering. Your lawyer will also explain how the injuries have affected your quality of life. A demand letter concludes with a demand that the at-fault party pay for the injuries that they caused and notifies the insurance company that failure to reach an agreement will likely result in the filing of a lawsuit.

5. Negotiations

After the demand letter is sent, the attorney can begin negotiations with the at-fault party’s insurance company. Insurance companies often engage in delay tactics or try to undervalue injury claims. An experienced attorney will anticipate these moves and prepare counterarguments based on case law and precedent. If the insurance company makes a settlement offer, your attorney will notify you of the offer and give you their professional opinion about whether the settlement offer is reasonable. Having a lawyer to help with negotiations and give professional advice on whether a settlement offer is reasonable can make all the difference in the outcome of a case.

As mentioned above, the vast majority of personal injury claims do not go to trial. Trials are time consuming, mentally draining, and expensive. They are also public and place the outcome of the case in the hands of a judge or jury. For these reasons, both parties are motivated to reach a private settlement agreement outside of the courtroom. Trials are truly seen as a last resort that only becomes necessary when the parties cannot agree on a settlement after all efforts have failed.

If after every effort to negotiate or mediate with the at-fault party has failed to produce an adequate settlement offer, your personal injury lawyer may decide that it is time to file a lawsuit in court. In some cases, filing a lawsuit can encourage the at-fault party to resume settlement discussions to avoid the risks and costs associated with trial. Filing a lawsuit also “preserves” your rights, especially if settlement negotiations are approaching the statute of limitations deadline.

6. Filing a Personal Injury Lawsuit

The process of a personal injury lawsuit begins with the filing of a “complaint” or a “petition” that contains every allegation of your claim, the mechanism of your injury, the type and severity of your injuries, the damages you sustained, and why the at-fault party should be at fault for your losses according to the laws of your state. It is the first document filed with the court, which is then served to the at-fault party. From here forward, you, as the injured party, would be referred to as the “plaintiff” and the at-fault party would be referred to as the “defendant.”

If the defendant hasn’t already hired a defense lawyer, then receiving notice of the formal complaint may prompt them to do so. The defendant typically has 30 days to respond to the complaint with an “answer.” In their answer, the defendant must admit or deny the allegations made in the complaint and state any defenses for why they shouldn’t be at fault for the accident or shouldn’t be responsible for paying for your injuries.

Once the lawsuit is filed, a judge will set a deadline for each stage of the process. With that said, either attorney has the right to ask the court for leave to push deadlines out to benefit their client’s case, such as needing more time to gather records or interview witnesses. The complexity of your case and the amount of evidence that needs to be gathered will have a major impact on whether your lawsuit takes several months to several years.

7. Pretrial Process

Once initial court documents are filed and the at-fault party has been served, the discovery phase begins. Discovery is when the parties gather evidence in a variety of ways, including taking depositions where witnesses and other relevant parties are questioned under oath in front of a court reporter, requesting documents, creating interrogatories where written questions are submitted to each party, and interviewing other witnesses/third parties who may have knowledge about the facts of your accident.

Here are some other things that may occur during the pretrial phase:

• The court may hold pretrial conferences to clarify issues and encourage settlement before proceeding to trial.
• Subpoenas may be issued during discovery to compel the production of documents or appearance of witnesses.
• Many jurisdictions require expert witness disclosures, which allows both sides to evaluate the opposing experts’ opinions before trial.
• Each attorney will file a motion on behalf of their client. A motion is a formal request to the court to take actions in favor of each party for the purpose of dictating what each party is allowed and not allowed to do in the pre-trial process. For example, a motion for protective order is used to protect a party from overly burdensome or invasive discovery requests, such as a request for unrelated medical records or confidential business information.

At any time during the lawsuit process, either party has the right to request mediation, which is an alternative dispute resolution. Mediation involves both parties, their attorneys, and a neutral third party who is hired to act as a middleman between the negotiating parties. Mediators have legal expertise, which allows them to advise both parties in private about the pros and cons of reaching a settlement. This is another method of reaching an out-of-court settlement without having to proceed with the formalities of trial before a jury.

8. Trial

Once discovery has been conducted, motions have been filed back and forth, and mediation did not result in a settlement that both parties could agree on, your case may proceed to trial. You can expect your personal injury attorney to help you understand what to expect at trial, including how to navigate courtroom etiquette and how the trial process works. In a typical trial, the process begins with jury selection and jury instructions. Jury instructions are critical to the fairness of your trial. Your attorney will work to ensure these instructions are accurate and favorable to your claim. Once instructions are complete, the trial can proceed with opening statements, witness testimony, cross-examination (where witnesses are questioned), closing arguments, jury deliberation, and entering a verdict.

You can expect your attorney to present the facts of your case before the judge or jury using witness testimony and evidence that they gathered during the earlier phases of your case. Next, the defense presents their case and argues why they should not be at fault for your injuries. Once both sides have had the opportunity to make their arguments and cross-examinations are complete, the judge or jury will determine whether the defendant should be at fault for the plaintiff’s injuries, and, if they are, what award the plaintiff is entitled to.

9. Post-Trial Process

If a judge or jury reaches a verdict in your favor, the attorney is required to first pay any liens against your settlement. In a personal injury case, liens are legal claims from people or companies, like doctors or hospitals, who haven’t been fully paid for the care they gave you after your accident. After liens are taken care of, attorney’s fees and case expenses will be deducted before a final check is sent to the plaintiff. Once the award is received, the lawsuit is considered resolved.

However, it is important to understand that after trial, either side can file an appeal and ask a higher court to review the decision. In some cases, post-trial motions may request a new trial or changes to the amount of damages awarded if the original outcome is deemed unreasonable. If an appeal is filed, your attorney may need to prepare an appellate brief and potentially argue the case before a panel of judges.

If your attorney thinks there is a basis for an appeal or if the defense files an appeal, your lawyer will explain what that process looks like.

Even if no appeal is filed, efforts to collect the judgment (settlement) may be necessary if the defendant refuses to pay. Collection efforts may involve wage garnishment, liens on property, or other legal enforcement actions.

Seek the Help of a Personal Injury Lawyer

If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!