What is a personal injury lawsuit, and when should I file one?

In the event the at-fault person’s insurance company refuses to adequately compensate you for the personal injuries sustained in the accident, there is always the option of filing a lawsuit in the state court system. It is crucial to keep in mind that just because you file a lawsuit, doing so does not necessarily mean that your case will proceed all the way to a jury trial. In many instances, in fact, the attorneys on both sides of a personal injury dispute will keep settlement negotiations going even after the accident victim or the accident victim’s attorney has filed a lawsuit against the at-fault individual.

A personal injury lawsuit filed in state court officially begins the litigation process. Once a lawsuit is filed and the defendant, most often the individual or entity who was at-fault for the accident, receives and accepts service of process, the defendant’s insurance company will appoint a lawyer. Both parties will then engage in oral and written discovery. The primary purpose of the discovery process is for each side of the dispute to gather more factual information concerning the case, including how the accident occurred, the specific issues that are genuinely in dispute, and the total amount of damages claimed.

If the case does not settle during litigation, the parties will try the personal injury case in front of a jury in state court. After the trial, the jury will resolve the disputed issues in the case, usually liability and/or damages, and reach a verdict.

Some personal injury cases are not resolved in court, but rather by alternative dispute resolution, such as mediation or arbitration. During these processes, a neutral third-party mediator or arbitrator steps in to assist the parties with resolving the personal injury case in a less-adversarial process than a jury trial offers.

The experienced Lawrenceville personal injury lawyers at Brauns Law Accident Injury Lawyers, PC will lay out all of your litigation options and help you decide on the best course of action that suits your needs and the needs of your personal injury case.