After You File the Personal Injury Lawsuit
Once you file a personal injury lawsuit, you become what’s called the “plaintiff” and the at-fault party, the person or entity responsible for your injuries, becomes the “defendant.” Typically, the attorneys on both sides and for the insurer will start to research what happened. They’ll gather evidence and facts and they’ll exchange documents with each other.
Next, the lawyers will start to ask questions in the form of interrogatories (written questions) or depositions (questions that are asked under oath and in-person). This whole process of gathering facts and asking questions is known as “discovery.”
Once discovery is completed, upwards of 90 percent of personal injury cases are settled before trial. Only a very small percentage (5 percent or less) of personal injury cases ever see a courtroom.
Most Cases Reach a Settlement
As we mentioned above, most personal injury cases do not go to trial because they settle.
“Settling a case means that you agree to accept money in return for dropping your action against the person who injured you. You’ll actually sign a release absolving the other side of any further liability. To help you decide whether to accept the settlement offer, your lawyer will be able to provide a realistic assessment of whether a lawsuit based on your claim will be successful,” according to the American Bar Association.