Perhaps you’ve been in a car accident and decided you want to sue the at-fault driver. Having never sued anyone before, you’re nervous because you’re unsure what to expect.
What does litigation mean in a personal injury case? Below, a personal injury lawyer in Charlotte, NC, explains the litigation process for a civil lawsuit.
An Overview of the Litigation Process
The litigation process is lengthy and comprises quite a few steps. Let us walk you through them to help you understand what to expect.
Pre-Litigation
Not all personal injury cases proceed to a trial. If possible, you may be able to negotiate a solution with the other party. This is called “mediation.”
Mediation is often preferable to a trial. It costs much less, and the process is far quicker. Trials can drag on for over a year, whereas mediation could wrap up in just a few weeks.
This is appealing if you need compensation as soon as possible. The main drawback is that you might receive less compensation than you’d win through a trial. Your lawyer can help you decide whether mediation is worth it for your case.
Filing a Complaint
If mediation fails or you don’t want to go through the process, you can file a complaint with your local court. In your complaint, you’ll outline your allegations against the defendant, as well as your damages.
Damages will vary depending on the specifics of your case, but might include:
- Accident-related medical bills
- Lost wages because you can’t work
- The cost of home care if you’ve had to hire an aide to help you
- Home modifications to accommodate disabilities
- Pain and suffering
- Emotional distress
- Loss of companionship
Service of Process
Once you’ve filed a complaint, you must deliver notice of the complaint to the defendant. You do not need to do this yourself. Typically, a professional process server will handle the job for you.
Call us now if you want a more detailed answer to the question, “What does litigation mean in a personal injury case?”
Awaiting a Response
Once the defendant has notice of your complaint, they have a brief window in which to respond. They might admit to your allegations, but this is incredibly rare. More likely, they’ll deny the allegations against them.
The Discovery Process
During the discovery process, the plaintiff and the defendant have the chance to gather evidence that supports their case. Attorneys from both sides will exchange information about evidence and witnesses they intend to present in court.
Your personal injury attorney will also take depositions during discovery. Depositions are out-of-court statements made under oath by anyone involved in the case. They allow both sides to know what witnesses will say during a trial.
Other discovery methods include:
- Requesting examination of a document to determine its legitimacy
- Asking the other side to undergo a physical exam
- Subpoenaing documents and other evidence, such as black box data and video footage, in a truck accident case
Filing Motions
Both sides have the opportunity to file a motion with the court before a trial begins. Common motions include:
- Motion for change of venue: One or both parties might file this motion if the case has attracted a lot of public attention and they would prefer more privacy.
- Motion to dismiss: Either side can file a motion to dismiss the case. For instance, the defendant might file a motion to dismiss if you don’t have enough evidence.
- Motion to suppress: This motion attempts to prevent one side from using certain evidence.
Pre-Trial
Before the trial starts, both parties have one last chance to talk things over before a judge. If the parties can’t reach an agreement, the case will proceed to trial.
Trial
Now comes the truly challenging part: the trial itself. During the trial, both sides will present their evidence and witnesses to the court. If a jury is present, jurors will decide whether the allegations against the defendant are true. If you win the case, the judge will determine your award.
Filing an Appeal
If either side is displeased with the trial’s outcome, they can file an appeal with the court. However, many people prefer to accept the court’s initial decision instead of going through the process all over again.
Our Law Firm Is Dedicated To Helping Injury Victims
If you are still wondering, “What does litigation mean in a personal injury case?” or want to learn more about emotional distress or what to do if you’re unhappy with your settlement amount, call Yale Haymond Law PLLC at (704) 800-HELP for a consultation now. We can also advise you on the legality of giving depositions.
