Imagine seeing a TV ad for a local lawyer who makes claims like “I’ll handle litigation for you” and “Our firm makes the litigation process simple.” If you’ve been hurt in an accident caused by someone else’s negligence, you might decide to seek legal advice. However, there may be one question holding you back: What does litigation mean in a personal injury case?
Learn the basics of personal injury litigation and how it affects your case. Use this guide to better understand these types of civil lawsuits and their possible outcomes.
Why Working With a San Mateo Personal Injury Attorney Can Be Beneficial
After an accident leaves you hurt, it may be possible to seek compensation for your injuries. A personal injury lawyer can review the details surrounding your accident and recommend your next steps. Having a San Mateo personal injury attorney represent you means you won’t have to navigate the complex legal process on your own.
Legal representation is particularly important in personal injury cases when you’re seeking damages and compensation. Attorneys can advocate for plaintiffs to receive economic and non-economic damages either through settlement negotiations or trial proceedings. Although compensation is never a certain outcome, you can have peace of mind knowing that a qualified lawyer is advocating for you.
It’s also helpful to have a resource to go to for common questions like “What does litigation mean in a personal injury case?” and “How much could my case be worth?”
Understanding the Civil Lawsuit Process
Suppose you file a claim with your insurance company after an auto accident. The provider may approve your claim and offer a reasonable settlement. Once you accept and receive that settlement offer, the claim is considered fully resolved.
But what if the insurer refuses to approve a legitimate claim or won’t offer a fair amount in damages? It may be time to pursue litigation when a case reaches an impasse. What does litigation mean in a personal injury case?
Check out the many steps involved with taking a case to court.
1. Filing Your Complaint and Receiving the Defendant’s Answer
Your first attempt at recovering compensation may be through an insurance claim. If this proves unsuccessful, you may decide to file a lawsuit by having a lawyer issue a formal complaint against the defendant. The defendant will receive notice about your complaint and is required to respond.
2. Exchanging Information in the Discovery Phase
As the injured party, you bear the burden of proof to show that another party is at fault. You may have evidence supporting your claim, such as photographs and witness statements. As you prepare for a trial, the defendant’s legal team is preparing its own arguments.
Both sides have an opportunity to review key documents and information during a process called the discovery phase. They may also request witness depositions as they build their arguments.
3. Exploring Motions
If you ask a lawyer, “What does litigation mean in a personal injury case?” they may tell you that it involves various legal complexities, including filing motions. At this stage in the process, an attorney could attempt to exclude certain pieces of evidence or even dismiss the case, in some circumstances.
4. Continuing With Negotiations or Mediation
Both parties can continue negotiating in an effort to settle the case out of court. Third-party mediators may facilitate negotiations to help resolve the case before it proceeds to trial.
5. Advancing to Trial Proceedings
If a case is yet to settle, it will go before a judge and possibly a jury. The timeline for a trial varies, and it’s possible for a plaintiff to receive no financial compensation when all is said and done. That’s why many personal injury lawyers try to settle claims out of court.
6. Appealing the Trial’s Outcome
After a trial ends, both parties may accept the outcome. If one side believes the case needs further review, they could appeal the decision.
Discuss Your Injury Case With an Experienced Attorney
Stop wondering, “What does litigation mean in a personal injury case?” and consider speaking to an attorney about your options. Reach out to the Law Office of Reuben J. Donig if you’re looking to pursue compensation for a personal injury. Led by founding Attorney Reuben J. Donig, our firm’s knowledgeable staff helps clients with filing an injury claim before the deadline, gathering evidence, and much more.
To schedule a free consultation, call (650) 668-3600 or submit our online contact form today.