Launching a personal injury lawsuit after being hit by a negligent driver launches the process of dealing with courts, navigating paperwork, and fighting tooth and nail for the compensation you rightly deserve.
According to the U.S. Department of Justice, nearly 400,000 claims are filed every year, with most arising in state courts. The truth is that while this might appear like an enormous number, it’s a fraction of the number of car accidents there actually are.
If you’re in this situation, it's crucial to consult a personal injury lawyer who can guide you. It’s also time to familiarize yourself with how the timeline works and the constituent parts of a personal injury lawsuit. Here’s everything you must know.
Key Takeaways
- Personal injury lawsuits are formal lawsuits filed in court when you’re injured because of somebody else’s negligence.
- All personal injury cases must display a clear breach of duty of care and injuries/losses that can be linked directly to the defendant’s actions.
- The process of filing an accident claim follows a defined path from seeking medical attention and consulting a lawyer for an initial investigation to negotiations with the defendant or their insurer. If the settlement process fails, the formal litigation process begins.
- Litigation in personal injury claims has a defined sequence, with officially filing papers and serving the defendant to the discovery phase, mediation, and, finally, a full trial.
- Verdicts acquired through lawsuits are legally binding, but either side may appeal them.
- Your personal injury case timeline depends entirely on your circumstances, with no reliable average to follow, but most cases are resolved within a year.
- Always talk to an attorney if you plan to file a claim to take advantage of unmatched legal expertise and experience.
Overview of a Personal Injury Lawsuit
Personal injury lawsuits occur when you’re injured due to someone else’s negligence. All lawsuits of this type are civil, not criminal, where the goal is to obtain sufficient compensation to cover your losses.
Types of claims include:
- Slip and falls
- Car accidents
- Product liability
- Medical malpractice
- Dog bites
- Wrongful death
As you can see, a broad umbrella of scenarios would fall under the definition of a personal injury case. Regardless of the circumstances, Texas law gives you two years from the date of the incident to formally file your case in court.
What Constitutes a Personal Injury Case?
Personal injury cases must fit four legal elements to be valid, which are:
- Duty of Care – The other party must have had a duty of care to you. For example, drivers have a duty of care to follow traffic laws.
- Breach of Duty – The other party must have done something to breach their duty of care, which could be committing a reckless action or inaction.
- Causation – The breach of their duty of care must have directly caused your injury. For example, your broken neck wouldn’t have occurred if the driver hadn’t sped through a red light.
- Damages – The accident victim suffered real harm, whether that’s physical, mental, or financial.
You only have a valid personal injury case when these four elements are in place. Without them, you’ll struggle to win a settlement, even if you suffered an injury.
Key Players in a Personal Injury Lawsuit
A personal injury lawsuit consists of multiple players. Firstly, you have the plaintiff (the injured party) and the defendant. Both sides will usually have a personal injury lawyer advocating on their behalf, with the goal being to win the case for their client.
Typically, attorneys for both sides will do 99% of the work, building up a case for compensation or trying to refute one. This will involve liaising with experts, including doctors, accident reconstructionists, and other experts.
Before a personal injury lawsuit is officially filed, your lawyer will spend their time dealing with insurance companies and adjusters. If a case goes to court, you’ll deal with a judge who will rule on the case and possibly a jury. Luckily, the U.S. Department of Justice finds just 5% of cases go to trial, so the chances are these parties won’t come into play.
Initial Steps After an Accident
What you do after your accident will be closely scrutinized. Make the wrong move and your claim could be devalued or denied entirely. Understanding the need to seek medical attention, document your injuries, and gather evidence will provide you with vital evidence for supporting your lawsuit.
The Importance of Seeking Medical Attention
Seeking medical treatment immediately is crucial for protecting your health and protecting your case. According to the National Safety Council, there are 5.2 million medically consulted injuries annually.
Many injuries won’t immediately reveal themselves because of your body’s adrenaline levels or fight-or-flight response. That’s why symptoms might take a few hours or a few days to appear. Examples include whiplash, concussion, and internal bleeding. Not seeking immediate medical attention could result in long-term damage and even death.
Plus, there’s a legal reason to visit the ER immediately. One of the most common defense arguments is that if you didn’t seek medical attention, then your injuries couldn’t have been as bad as you claim. It’s the type of argument that saves insurers thousands of dollars time and time again.
Documenting the Incident and Injuries
Always document your accident and injuries as far as possible. Several ways exist to document different facets of your accident.
Firstly, if you’ve been in an auto accident, always call 911 and ask for a police officer to attend. The primary purpose is to obtain an official police accident report of the incident. Next, you have a visit to the ER, which offers an expert’s opinion of the injuries you sustained.
Finally, it’s common practice for attorneys to recommend that their clients keep diaries detailing their physical and emotional well-being. These daily entries maintain permanent records of the accident's impact on your life, helping you claim a fair settlement package.
Gathering Evidence: What You Need to Remember
Don’t rely entirely on your lawyer to gather evidence. The best time to collect evidence is when the accident scene is fresh. If you can and it’s safe to do so, start documenting the scene yourself with your smartphone.
Here’s what to look at:
- Visible injuries
- The accident scene
- Property damage
It’s also your chance to talk to eyewitnesses. Ask if they’d be willing to provide a statement, but note that it’s their right to refuse to cooperate. You can’t force an eyewitness to issue a statement or provide their contact details.
Consulting a Personal Injury Attorney
Hiring an experienced personal injury lawyer is crucial for increasing your chances of winning a fair settlement. An attorney brings unrivaled expertise and experience to the table, but they also manage the legal process, enabling you to focus on your recovery.
There’s no shortage of personal injury law firms to choose from, with Clio finding that over 10% of all practicing attorneys specialize in this field of law. Naturally, many wonder whether it’s worth it due to fees.
The truth is that fighting your case alone is fraught with danger. According to a Lawyers.com survey, 91% of victims represented by an attorney received a payout, compared to just 51% of those not represented.
Choosing the Right Lawyer for Your Case
With so many lawyers, determining which is right for you is complex, especially if you’ve never worked with one before. Key factors to consider include legal knowledge, experience in the personal injury arena, track record, and working processes.
You’ll also want to consider their local knowledge. If you’ve been injured in a car accident in Texas, a lawyer who understands the nuances of Texas law is an enormous advantage when your case goes to trial.
The best way to find the best lawyer is to begin by reading reviews, asking others for referrals, and taking advantage of the free consultations that practically every reputable firm offers.
Initial Consultation: What to Expect
Free consultations are an opportunity for both sides to get to know each other and determine whether you have a case. It’s your chance to ask questions, discuss your case, and get an objective opinion on whether you have a case that’s likely to result in a settlement.
Here’s what you can expect as part of these case consultations:
- Full Evaluation – An attorney will begin by asking you about what happened.
- Evidence Review – Provide any evidence you already have, including photos from the scene, your medical records, eyewitness statements, and any police reports.
- Legal Verdict – The lawyer will analyze everything about your case and tell you about your case prospects alongside your possible next steps.
Your initial consultation should be viewed as an interview. The lawyer demonstrates their expertise, and you can ask them questions about how they operate. Remember, you’re not obligated to hire them.
Understanding Legal Fees and Payment Structures
Practically all personal injury lawyers use the contingency fee basis to provide equitable access to legal representation for accident victims. In other words, you pay nothing upfront, and the lawyer’s fees are paid out of your settlement. If you lose, you don’t have to pay the attorney.
However, beware that you may still be on the hook for other expenses. For example, you may be required to cover out-of-pocket expenses like filing fees and expert witness costs. Confirm with the attorney whether you’ll still be required to pay these costs if you lose.
The Pre-Lawsuit Phase
The pre-lawsuit phase encompasses everything before officially filing a personal injury lawsuit. Most accident claims are settled at this stage because avoiding a long, expensive court case is in everyone's best interests.
According to Consumer Affairs, there were 4.2 auto insurance claims per 100 drivers in 2021, but very few of these cases would have progressed past the pre-lawsuit stage. Understanding this phase will show you why so many cases end at this point.
Investigating Your Case: The Lawyer’s Role
Your attorney will investigate your case in-depth to establish liability and calculate how much you could be entitled to.
Expect to be interviewed by your lawyer about the accident and your injuries. They’ll move to collect as much documentation as possible, including police reports, medical records, security camera footage, and witness statements. Simultaneously, they may consult experts, including accident reconstructionists.
With all the evidence gathered, your lawyer will calculate your total damages, including economic and non-economic losses, such as medical bills, lost wages, and pain and suffering. By building a fact-based case, your lawyer can prove the other party’s negligence and ensure you receive a settlement that properly reflects your losses.
Preparation of a Demand Letter
The demand letter is a formal document with a firm dollar figure for all your losses. It will be delivered to the other driver’s insurance company, and an outline of why you’re entitled to X amount and the evidence to support this will be provided. Additionally, demand letters include a deadline for the insurer/defendant to respond.
Note that demand letters aren’t sent until your medical care is either complete or your condition has stabilized, so both parties know the full extent of your injuries and costs.
Negotiating With Insurance Companies
Once the insurance company has responded to your demand letter, the first round of negotiations begins. Rarely will an insurer accept the dollar amount in the demand letter, hence why negotiations could take months, involving a back-and-forth process where both sides' legal teams make their cases.
Most cases are settled at this stage because further litigation is seldom in anyone’s interest. However, your lawyer may well advise that you file a lawsuit to either encourage the insurer to settle or because the insurer won’t make a fair compensation offer.
Filing the Personal Injury Lawsuit
When the insurer won’t budge, it’s time to file a personal injury lawsuit. Once your lawsuit is filed, you’ve ended the negotiation phase and moved into formal litigation.
Many attorneys will suggest filing a lawsuit simply to put the fear of God in an insurer and encourage them to settle. Furthermore, even when you file a lawsuit, most cases are settled long before a trial actually begins.
So, how do you file your lawsuit?
Understanding the Court System: Where to File
In Texas, your lawsuit will be filed in the county where your accident happened or where the defendant lives. Your choice of court will depend on the value of the claim. In Texas, claims under $20,000 are generally filed in small claims court, with high-value claims going to either a district or county court.
It may seem like a small thing, but where you file matters. Choosing the wrong county could delay your case or get it dismissed, which is why this is an issue to let your attorney handle.
The Process of Serving the Defendant
Contrary to popular belief, you don’t have to serve the defendant personally. Gone are the days when defendants could get out of lawsuits by pretending they were out at the time. Most defendants will be served by certified mail or a sheriff’s deputy delivering the relevant documentation directly.
In Texas, defendants usually have 20 days to respond. If they don't, you might receive a default judgment, meaning you automatically win your case.
What Happens Once a Lawsuit is Filed?
After the defendant has been served, five stages come next:
- The defendant files a formal response.
- The defendant will admit, deny, or challenge your claim.
- The discovery phase starts, allowing both sides to exchange information.
- Court-ordered mediation begins.
- Pre-trial motions.
Only after these stages pass will your car accident lawsuit actually see trial. If your case proceeds to this stage, a judge (or jury) will hear both sides and determine liability and compensation.
The Discovery Phase of the Lawsuit
The next step is the discovery phase, where each side exchanges information and develops their arguments. Discovery provides transparency, enabling each side to get a complete overview of the evidence, witnesses, and arguments that might be used for trial.
Several processes form part of the discovery phase, including depositions, written questions, and document exchanges. In cases that go to trial, discovery is one of the longest parts of the process.
Gathering Evidence: Interrogatories and Document Requests
During discovery, both sides will take advantage of interrogatories and document requests. Interrogatories are written questions that must be answered under oath. Usually, each side has 30 days to respond to written questions.
So, what type of written questions come up?
- Accident details
- Medical treatment
- Timeline of treatment
- Previous injuries
- Previous claims
- Insurance coverage
Additionally, each side will make document requests. These include medical records, accident scene photos, employment records, repair quotes, insurance policies, etc. Each document helps legal teams construct arguments by getting the full picture of the case from multiple angles.
The Importance of Depositions and Witnesses
Depositions are formal interviews conducted under oath outside of a courtroom. Anyone can be deposed as part of a case, and an official court reporter will record their answers.
Lawyers will use depositions to get a sense of how witnesses might perform should a case go to trial. The answers they give may also be used to impeach a witness who tries to change their stories later.
Well-executed depositions can accomplish a lot of things, including:
- Preserving witness testimony
- Pinpoint inconsistencies
- Clarify the facts
- Assess witness performance
Medical Evaluations and Expert Testimony
So much of a settlement’s value centers on the medical side, which is why accident victims may have to submit to a medical evaluation to prove their injuries and the extent of those injuries. Expect Independent Medical Exams (IMEs) done by a medical expert who isn’t your doctor. The defense has the right to choose the doctor.
Additionally, each side may bring in expert witnesses. These may include medical providers but can also encompass accident reconstructionists and vocational experts. Any expert witness will be independent, meaning they have no skin in the game regarding which side ultimately triumphs, thus giving their conclusions significant weight.
Mediation and Settlement Negotiations
Most personal injury cases never reach the inside of a courtroom. The same goes for cases even when lawsuits have been filed. This is due to the mediation process, which resolves cases quicker and avoids the unnecessary expenditure of proceeding further.
Mediation or alternative dispute resolution is precisely what you’d expect it to be. It’s a negotiated agreement that satisfies both sides.
What is Mediation, and Does it Work?
Mediation is the process of both parties negotiating a settlement with the support of a neutral third-party mediator. Most mediators have a legal background, such as a retired judge or a lawyer specializing in dispute resolution.
The mediation process begins with each side presenting their views and then meeting privately with the mediator. It’s the mediator’s job to send offers and counter-offers back and forth to arrive at a middle ground. If no agreement is reached, the case proceeds to trial.
Does it work? Generally, yes. For example, the Southern District of New York reported that 65% of cases were settled through mediation in 2022.
Strategies for Successful Settlement Negotiations
Successful negotiation is an art form, relying on skills other than knowing what your case is worth. Strong negotiators know how to present a powerful case and use leverage to make the other side see that a negotiated settlement is in their best interests.
The best way to increase your chances of a negotiated settlement in mediation include:
- Have a full calculation of damages.
- Be realistic about what a reasonable payout is.
- Present the strongest possible evidence to pressure the other side.
- Enter mediation after discovery has been entirely resolved and each side knows the case’s strengths and weaknesses.
- Take the emotion out of the equation by letting the attorney take the lead.
Above all, make it clear that you fully intend to go all the way to a trial if necessary. Insurers who know that this isn’t a bluff are likelier to settle.
When to Consider Going to Trial
Sometimes, personal injury cases will go to trial despite your best efforts. It’s likely to happen when the insurance company disputes fault entirely or the extent of your injuries. Nobody wants to go to trial, but there are scenarios where this is unavoidable.
Expect to go to trial if:
- The defendant denies liability.
- There are disputes regarding the essential facts of the case.
- Both parties are miles apart on what they consider a reasonable settlement offer to be.
The Trial Process – What to Expect During a Personal Injury Trial
When settlement negotiations and mediation fail, proceeding to a full trial is the only step available. Rarely will a case reach this stage, and the cases that do are typically high-value cases where it’s worth going to the final stage of the claims system.
All personal injury trials follow a defined set of steps, which your attorney will brief you on. Most trials will last a few days to a couple of weeks and follow this process:
- Opening statements.
- Evidence presentation.
- Cross-examination.
- Closing arguments.
- Judge/jury deliberation.
- Final verdict.
If you’ve embarked upon a jury trial, there will also be a stage where the court selects jurors. Attorneys may question jurors to assess bias and have them dismissed “for cause” if necessary.
Verdict and Post-Trial Considerations
Whether you’ve got a bench or jury trial, the final verdict is binding. The verdict will determine whether the defendant assumes liability and decides on the amount of compensation the plaintiff should receive. Punitive damages may also be awarded if the defendant’s conduct was especially reckless.
After the verdict, each side may appeal the decision. The losing side may ask for another trial if they believe the verdict was wrong, whereas the winning side may be unhappy with the amount awarded.
Speak to your attorney to determine whether it’s worth appealing the verdict. In most cases, your lawyer will seek to collect the judgment and then dispense it to you.
Factors Influencing the Duration of a Personal Injury Lawsuit
Personal injury lawsuits have no hard cap on how long they might last, especially when accounting for appeals and cases presented in front of higher courts. Most personal injury lawsuits will last from a few months to up to a year, but several factors can change the timeline.
Examples of factors that could alter the timeline of a personal injury lawsuit include:
- Case complexity
- Multiple liable parties involved
- Injury severity
- Length of medical treatment
- Disputed liability
- Insurance company cooperation
- Court system delays
- Chosen legal strategy
- State-specific laws
All experienced personal injury attorneys can provide an estimate of how long your case might take, but there’s no way to tell how long it will actually take. That’s why it’s wise to work with a lawyer who commits to regular communications and updates to ensure you know where you stand.
The Role of a Personal Injury Lawyer in the Timeline
Hiring a personal injury lawyer should be viewed as non-negotiable. Dealing with court procedures and the established stages in the lawsuit process requires a skilled hand to avoid unnecessary delays.
Lawyers do much more than just fight for justice. Part of the attorney-client relationship is also about speeding up the process by filing legal documents efficiently, putting pressure on opposing parties, and keeping a keen eye on deadlines. They’ll also challenge bad-faith tactics that purposely intend to slow the process down.
Certain parts of the timeline are beyond your control, such as if the court has a backlog, but an attorney will do everything in their power to speed up the timeline.
Why Legal Expertise Matters
Legal expertise is your ticket to a faster case resolution and more compensation. According to the Insurance Research Council, plaintiffs with legal representation achieve settlements that are up to 3.5 times higher than those who don’t.
Attorneys help you understand your rights and avoid making the critical mistakes that could derail your case entirely. Above all, they’re there to build the most compelling case possible with the support of independent experts.
Lawyers don’t purely speed up the process. They stop you from leaving money on the table or making mistakes that could prevent you from receiving financial compensation entirely.
How an Attorney Can Facilitate a Faster Process
No two cases are quite the same, but a skilled attorney knows how to accelerate the process. Sometimes, they might intentionally slow the process down to ramp up the pressure and gather more evidence.
Some of the methods they use to facilitate a faster resolution include:
- Initiating the evidence collection process from day one.
- Anticipating and mitigating delays before they happen.
- Put pressure on the other side to respond.
- Reduce back-and-forth through a reasonable demand package.
- Engage in mediation early.
Likewise, they also understand when other legal teams are intentionally trying to delay your case. Unfortunately, it’s a common strategy used to increase the financial strain on the plaintiff and force them into a lowball settlement. And that’s precisely what a legal professional will seek to avoid.
Frequently Asked Questions About Personal Injury Lawsuit Timelines
How long does the entire process typically take?
The average personal injury case timeline depends on the case. Sadly, no reliable data exists on how long the process takes since every case differs. Most personal injury claims take anywhere from a few months to around the one-year mark, but some cases can take even longer.
The fastest cases are those that are resolved without filing a lawsuit in the first place, whereas the slowest ones typically involve higher dollar figures and significant disputes.
What factors can delay my case?
Various factors might delay the personal injury process, including waiting until you reach Maximum Medical Improvement (MMI), bad-faith tactics from the other side, incomplete documentation, multiple parties involved difficulties finding evidence, and if your case is exceptionally complex.
How can I expedite the resolution of my case?
The best way to expedite your case is to move quickly. Don’t wait to reply to requests for documentation, and stay in close contact with your lawyer. You can’t account for every delay, but moving immediately when required will shave weeks, if not months, off your timeline. Just don’t be tempted to settle for a low-ball that leaves you paying medical expenses and other costs out of your own pocket.
