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The 5 Stages of a Personal Injury Case

The 5 Stages of a Personal Injury Case

by | Dec 10, 2020 | Personal Injury

Class Action

A personal injury matter (car accident, slip and fall, work injury, dog bite) can result in severe injuries to the neck, back, legs and brain often requiring hospitalization and surgery.

If your personal injury lawyer has attempted to resolve your claim without any success he or she will end up filing a lawsuit for your personal injuries.  Below are the five stages of a personal injury lawsuit.

What are the Stages of a Personal Injury Lawsuit?

The five stages of a personal injury are:

  • Filing A Lawsuit– A personal injury lawyer will initiate the process by filing a lawsuit. The claim or lawsuit will outline how the injury occurred, why the defendant is responsible for his or her client’s injuries and the damages itself.  The defendant will then be allowed to file a response to the complaint for damages in the form of an answer to the complaint.
  • Discovery – During this phase, the parties in a lawsuit try to learn as much as possible about each others case. This is done by obtaining written documentation, taking depositions or oral testimony from the parties and witnesses and usually obtaining a medical examination of the injured party.
  • Pretrial Motions– Pretrial motions are often attempted by the defense to throw a case out of court for a variety of reasons.  Pretrial motions are also use by either party to force the other side to do things it has thus far refused to do such as turn over surveillance video, photographs or phone logs.
  • Mediation– Mediation is a tool used to get the parties together with a neutral party (often a retired judge) to try to settle the case.  It is a chance for each side to put their “cards on the table”.
  • Trial– If a settlement cannot be reached, a trial takes place in which there is a winner and a loser.

The majority of cases will resolve or settle without a trial.  Either way an attorney must be willing to fight for his/her client to get the justice they deserve. Each of the steps in a personal injury case takes time and considerable preparation. Call the Law Offices of Michael D. Payne to schedule a free consultation on your car accident, slip and fall or personal injury matter at 888 627-5474. We are attorneys serving Los Angeles, Riverside, Fontana, West Covina, Ontario, Riverside, San Bernardino and surrounding areas.