When a Lawsuit Is Filed
Most personal injury claims settle without ever filing a lawsuit. A lawsuit is typically filed when: the statute of limitations is approaching, the insurance company refuses to negotiate in good faith, settlement offers are inadequate relative to case value, or liability or damages are significantly disputed and need court resolution.
The Parties in a Lawsuit
The injured party is the plaintiff. The person or entity allegedly responsible is the defendant. Multiple plaintiffs or defendants can be involved. The lawsuit is filed in the appropriate civil court based on the amount at stake and which court has jurisdiction.
Phases of a Personal Injury Lawsuit
- Pleadings: complaint filed, answer filed by defendant
- Discovery: exchange of evidence, depositions, interrogatories
- Motions: summary judgment motions, motions in limine
- Trial preparation: witness lists, exhibit preparation, jury instructions
- Trial: opening statements, witness testimony, closing arguments, verdict
- Post-trial: appeals if applicable
Most Cases Settle Before Trial
The vast majority of personal injury lawsuits — more than 90% — settle before going to trial. Filing a lawsuit does not necessarily mean going to trial. It often accelerates settlement negotiations by demonstrating seriousness and creating discovery pressure on both sides.
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InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.