Anatomy of a Personal Injury Lawsuit

Personal injury lawsuits sometimes need to go to trial if a settlement cannot be reached. There are several different parts that make up the anatomy of a personal injury lawsuit that includes the plaintiff who is the injured person, and the defendant the one accused of the injury.

Pleadings

The plaintiff files a pleading, also known as a complaint in a court of jurisdiction in when he or she explains what happened in the incident and how they became injured. The defendant then files a response, also known as an answer in response to the plaintiff’s allegations.

Written Discovery

The discovery is when the plaintiff produces all medical records and other important documents that support his or her personal injury claim to the defendant. This is the stage where medical records become extremely important evidence to help establish the plaintiff’s case. The defendant also produces relevant documents that prompted the alleged injury in the incident.

Depositions

Both parties take their own depositions. Before a court reporter, each side takes their turn and testifies under oath about their view of the personal injury lawsuit.

Experts

The experts that will act in the case will be the medical professionals. They are part of the discovery phase. Either at trial or deposition is when the experts may testify regarding how the injuries pertain to the incident.

Pre-Trial Conference

Depending on the jurisdiction, the court may decide to schedule a pre-trial conference, also known as a settlement conference. This involves the judge meeting with both parties to discuss if a settlement is an option.

Trial

Trial is the last result. If the parties cannot resolve the personal injury lawsuit with a settlement, then it goes to trial.