Personal injury cases can go through all of the following stages or be resolved before the claim reaches the court. If there are no out-of-court decisions, the case can go through all of these phases.
Pre-litigation phase
The pre-litigation stage is the evidence gathering process, which may involve:
- Additional investigations
- Requests to preserve evidence
- Witness statements
- And much more.
During this phase, it is possible to discover additional negligent parts and perhaps additional options for financial recovery. For example, in the pre-litigation phase for a truck accident case, it may be discovered that a carrier or an equipment manufacturer, in addition to a trucker, was responsible for an accident.
Litigation
Once it is clear who is the responsible party (or parties) in a given claim, an attorney can present the necessary documents to initiate the claim and officially launch it. Other things that may occur during this phase of litigation may include (and are not limited to):
- Meetings with experts
- Evidence exchanges with the defense
- Negotiations with insurance companies and others
During this phase, and at any time after that, a case may be resolved if:
- The defense makes an appropriate settlement offer.
- The plaintiff (the injured party) accepts the offer.
Judgment
In this case, a jury is selected, and both sides make introductory arguments.
- The plaintiff and defense present their cases and have an opportunity to question witnesses for the other party.
- Both sides make final statements.
- The case goes to the jury (or judge) to deliberate and answers questions about liability and damages about the charge (verdict).
Appeal
If the trial ends in the plaintiff’s favor, the defense may have the option to file an appeal. For example, the defense may request an appeal for lack of evidence or incorrect instructions given to a jury.
When appeals are filed after a verdict on a personal injury claim, it will be up to the court to determine whether the appeal can be progressed or denied.
