How Does a Personal Injury Lawsuit Work?

How Does a Personal Injury Lawsuit Work?

Most personal injury firm seek to settle a client’s case out of court, pre-suit, without the necessity of litigation.  The pros include a definite outcome, lower attorneys fees, lower costs, and typically a faster settlement.   However, if the insurance company does not agree to settle the case for a reasonable amount, litigation may be appropriate.  Many people consider the lawsuit process as the primary means to obtaining compensation for a personal injury. While some personal injuries may result in the plaintiff filing a lawsuit, an actual trial rarely occurs. Nevertheless, you must understand how a trial works at the outset of your case so you can prepare for what is to come. It may be necessary to proceed to court, especially if the insurance company refuses to be reasonable in settlement negotiations.

While much is uncertain in a personal injury case, the one sure thing is that you need help from an experienced attorney to have a chance at obtaining the maximum possible money for your injuries. Insurance companies will often extend lowball offers without legal representation. However, when you hire a Coral Springs personal injury attorney from Cindy Goldstein Law, insurance companies can see that you are invested in your case. Our firm is experienced in dealing with insurance companies, and we will zealously fight for the compensation you deserve.

Key Takeaways About Personal Injury Lawsuits

• Law firms often attempt to negotiate and settle your case out of court without a lawsuit.  If necessary, our firm will file a lawsuit against all potential responsible parties.  Personal injury lawsuits involve a detailed process that can extend for years from start to finish.  Your case can settle during litigation, often at mediation, before trial. 
• There are several key phases of a personal injury lawsuit that include the complaint that you file and the defendant’s response.
• The discovery process can be lengthy, as both parties have the opportunity to request information and evidence that is in the possession of the other party.
• Not every personal injury lawsuit goes all the way to trial. In fact, a personal injury trial is rare given the number of overall personal injury claims. 
• An experienced personal injury attorney’s legal representation can strengthen your case and bolster your ability to obtain top financial compensation.

The Beginnings of a Personal Injury Lawsuit

The beginning of a personal injury lawsuit marks the formal start of the legal process to recover compensation for injuries caused by another party’s negligence. After efforts to settle through insurance or pre-lawsuit negotiations fail, the injured person, known as the plaintiff, initiates the case by filing a complaint in civil court. You also have the right to bypass the pre-suit process and immediately file a lawsuit.  Those legal options should be discussed with your attorney. 

The complaint will set forth the legal grounds that entitle you to compensation for your injuries. The Complaint outlines the details of the accident, identifies the defendant(s) (the person or entity allegedly responsible), describes the injuries sustained, and explains how the defendant’s negligence caused those injuries. It also states what the plaintiff is seeking compensation for, such as payment for medical expenses, lost earnings, pain and suffering, or property damage.

Once the plaintiff files the complaint, someone must serve the defendant with legal notice of the lawsuit, allowing them to respond. This response, known as the answer, may admit or deny the allegations and present defenses. The defendant may also file a motion to dismiss your complaint.  The defendant has (20) twenty days from the filing of the Complaint to file their response subject to any extensions granted by the Court.

Discovery Is the Most Crucial Part of a Personal Injury Lawsuit

The discovery phase is often the most important part of a personal injury case, as it is where both sides gather the evidence that will ultimately determine the outcome of the claim. Discovery happens after the plaintiff files the lawsuit but before trial, and it serves as the foundation for proving liability, causation, and damages.

During discovery, both the plaintiff and the defendant must share relevant information. This process ensures that neither side is surprised at trial and can support all arguments with documented evidence or credible testimony. Discovery typically includes several key components: interrogatories (written questions that parties must answer under oath), requests for production (which compel the exchange of documents such as medical records, photos, or accident reports), and depositions (sworn, in-person testimony from witnesses, parties, or experts).

For a personal injury victim, discovery is vital because it allows your attorney to build a compelling case by uncovering facts the defendant or their insurance company may not have voluntarily disclosed. For example, through discovery, your lawyer might obtain surveillance footage, evidence of the defendant’s negligence, existence of other witnesses, or other evidence that proves negligence. Discovery also includes depositions, which are sworn statements of any person with relevant information to the case. Discovery and depositions can also expose inconsistencies in the defendant’s story or highlight expert testimony that supports your claim for damages.

In addition to proving who was at fault, discovery plays a central role in establishing the extent of your injuries and losses. Your attorney will collect and organize medical records, treatment summaries, and expert opinions that show how the accident affected your health, finances, and quality of life. These materials help quantify both economic damages (such as medical expenses and lost earnings) and non-economic damages (including pain and suffering).

Importantly, the strength of the evidence during discovery often determines whether the case will settle or proceed to trial. When insurance companies realize that your lawyer has solid proof of negligence and credible documentation of your injuries, they are more likely to offer a fair settlement rather than risk losing at trial.  For example, if the plaintiff testifies and presents favorably during his/her deposition but the defendant does not, the defense attorney may opt for settlement rather than proceed to trial.

In short, discovery is the backbone of your personal injury case. It transforms your claim from a set of allegations into a fact-based, evidence-driven claim that could potentially compel insurers to recognize and fully compensate you for the harm you have suffered.

You May Mediate or Negotiate During the Course of Your Case

Throughout a personal injury lawsuit, you may have the opportunity to mediate or negotiate a settlement at multiple points in the process. Even after filing a complaint and entering the discovery phase, most cases reach a resolution before proceeding to trial because mutually agreed upon settlements are often faster, less expensive, and more predictable than litigation.

Negotiation typically begins informally, with attorneys on both sides discussing potential resolutions based on the evidence. Your lawyer will evaluate the strength of your case, the extent of your injuries, and the damages you have a legal right to, then present a demand to the insurance company or opposing party. The insurer may respond with a counteroffer, and this back-and-forth continues until both sides reach a mutually acceptable figure, or it becomes clear that a settlement will not be reached and a trial is necessary.

Mediation is a confidential, non-adversarial, more informal process in which a neutral third-party mediator facilitates discussions between the plaintiff and defendant to assist the parties in reaching their own mutually acceptable settlement. The mediator helps clarify issues and encourages compromise. While the mediator cannot impose a decision, their involvement often increases the likelihood of a fair settlement. Mediation can be either court ordered or voluntary.  If the parties reach an amicable resolution, it is typically memorialized in writing as the settlement agreement and ratified by the Court.  If the parties cannot reach an agreement, then there is an “impasse” and the parties proceed with litigation.

Even during litigation, settlement discussions can continue, allowing both parties to resolve the case without the uncertainty, cost, and time of a trial. Sometimes, cases settle on the courthouse steps, even on the eve of trial.  An experienced personal injury attorney guides you through these negotiations, ensuring that any settlement fully accounts for medical bills, lost income, pain and suffering, and long-term impacts of your injuries.

How a Personal Injury Trial Works

A personal injury trial occurs when parties cannot reach a settlement, and the case proceeds to court for a judge or jury to decide liability, causation, and damages. Trials are formal, structured proceedings that can resolve disputes with evidence, witness testimony, and legal arguments.

The trial begins with jury selection (in cases heard before a jury), where potential jurors have to answer questions to ensure impartiality. Once the jury is in place, both sides present opening statements, which outline their case and what they intend to prove. The plaintiff’s attorney typically presents evidence first, calling witnesses such as medical professionals, accident reconstruction experts, or eyewitnesses. The defense then has the opportunity to cross-examine these witnesses and present its own experts, evidence and testimony.

Throughout the trial, both sides will present physical evidence, including photographs, medical records, videos, and documents, that support their respective claims. Attorneys may also present demonstrative exhibits to clarify complex issues for the jury or judge.

After both sides have presented all the evidence, they will deliver closing arguments, summarizing the key points and asking the jury or judge to rule in their favor. The jury (or judge in a bench trial) then deliberates, weighing the evidence and testimony to reach a verdict on liability, causation, and damages.

If the verdict favors the plaintiff, the court will determine the total compensation, including medical expenses, lost income, and pain and suffering. A personal injury trial can be lengthy and complex, but having an experienced attorney ensures that your case is presented clearly, persuasively, and with the best chance of securing fair compensation.

Not Every Personal Injury Lawsuit Will Result in a Lawsuit or Go to Trial

Not every personal injury case will result in a lawsuit or go to trial. Most personal injury claims are settled pre-suit, without the necessity of a lawsuit.  However, lawsuits are often filed in personal injury cases to force insurance companies to be more reasonable in settlement negotiations. Litigation is not appropriate for every case or claimant, and clients should speak freely with their personal injury attorneys to determine the best course of action for their particular case.

Even if you file a personal injury lawsuit, this does not mean you are going to trial.  Most cases still settle or otherwise resolve without trial.  Cases can settle during settlement discussions among the parties, during mediation, or legal issues narrow via summary judgment during litigation.  Insurance companies can often extend more reasonable settlement offers as trial approaches.  Your personal injury attorney should be heavily involved in assisting you with the best course of action for your case.

A Personal Injury Lawyer is Standing By

If you have suffered an injury by the neglect of another person or entity, a personal injury lawyer is your advocate, negotiator, and protector. They will advocate for your rights to ensure you receive the full compensation you deserve for the physical, emotional, and financial impact of your injuries. Schedule a free initial consultation with a personal injury attorney at Cindy Goldstein Law by calling us today at (954) 346–5420.

Frequently Asked Questions About Personal Injury Lawsuits