If you’ve been injured because of someone else’s actions, the idea of a lawsuit can feel like a big unknown. The steps in a personal injury lawsuit follow a clear path, starting with consulting an attorney and gathering facts, moving through formal legal stages, and concluding with either a settlement or a court verdict. Being aware of this process can help you feel more in control as you decide on the best course of action for your recovery.
Key Takeaways about Steps in a Personal Injury Lawsuit
- A personal injury lawsuit begins with an initial consultation with an attorney to evaluate the case.
- The process involves a formal “discovery” phase where both sides exchange information and evidence.
- Most personal injury cases are resolved through a settlement agreement before ever reaching a trial.
- The lawsuit officially starts when a legal document called a “complaint” is filed with the court.
- If a settlement cannot be reached, the case may proceed to a trial where a judge or jury makes a final decision.
- Hiring a personal injury lawyer provides guidance through each stage of the legal process.
The First Step: Consultation and Case Investigation
After you’ve returned home and had a chance to focus on your immediate health needs, you might start thinking about your legal options. The journey typically begins with an initial consultation with a personal injury attorney. This meeting is your opportunity to share your story and the details of the accident. The attorney will listen and assess whether you have a valid claim.
If you decide to move forward, your legal team will begin a thorough investigation. This is the foundation of your entire case and involves gathering all the evidence related to your injury. This often includes:
- Collecting official police or accident reports.
- Obtaining all of your medical records and bills.
- Gathering photos and videos of the accident scene and your injuries.
- Interviewing witnesses who saw what happened.
This collection of evidence helps to build a strong, clear picture of how the incident occurred and the extent of your injuries.
Filing the Lawsuit: Making it Official
Once your attorney has a solid understanding of your case, the next step is to formally file a lawsuit. This begins with drafting a “complaint.” A complaint is a legal document that outlines your side of the story, explains how the other party was negligent (meaning they failed to act with reasonable care), and states the compensation you are seeking for your damages. This document is then filed with the appropriate New Hampshire court.
It’s important to be aware of the “statute of limitations.” This is a legal deadline for filing a lawsuit. In New Hampshire, you generally have three years from the date of the injury to file a personal injury claim. Missing this deadline can mean losing your right to seek compensation forever, which is why acting promptly is so important.
The Discovery Phase: What Are the Steps for Gathering Information?
After the complaint is filed, the case enters a phase called “discovery.” This is the longest part of most personal injury lawsuits. During discovery, both sides formally exchange information and evidence. The goal is for each party to understand the other’s case completely, which helps prevent surprises if the case goes to trial.
What Are Interrogatories and Requests for Production?
Two common tools used in discovery are interrogatories and requests for production.
- Interrogatories: These are written questions that one party sends to the other, which must be answered in writing and under oath.
- Requests for Production: This is a formal request for documents, such as medical records, pay stubs to show lost wages, or repair estimates for property damage.
This exchange allows both sides to see the full scope of the evidence available in the case.
Understanding Depositions
Another key part of discovery is the deposition. A deposition is a formal interview where a witness, including you or the other party, answers questions under oath from the opposing attorney. A court reporter records everything that is said. This testimony can be used later in court and helps attorneys understand what a witness will say at trial. It’s a critical step in understanding the strengths and weaknesses of a case.
Negotiation and Mediation: Finding a Resolution
The vast majority of personal injury cases do not go to trial. Instead, they are resolved through a settlement. A settlement is an agreement where the at-fault party’s insurance company agrees to pay an agreed-upon amount of money to the injured person in exchange for dropping the lawsuit.
Negotiations can happen at any point, but they often begin in earnest after the discovery phase is complete. Sometimes, the parties agree to “mediation.” In mediation, a neutral third person, called a mediator, helps both sides talk through the issues and try to reach a compromise. The mediator doesn’t make decisions but facilitates a productive conversation. Many people find this process helpful, as it can lead to a resolution without the time and expense of a trial.
What Happens If a Personal Injury Case Goes to Trial?
If a fair settlement cannot be reached, the final step in a personal injury lawsuit is a trial. While this is less common, your attorney prepares every case as if it will end up in front of a judge or jury.
A trial involves several stages, including selecting a jury, making opening statements, presenting evidence and witness testimony, and giving closing arguments. After hearing all the evidence, the judge or jury will deliver a verdict, which is the final decision on the case. This structured court process is designed to ensure both sides have a fair opportunity to present their case.
The trial process, whether in Manchester or Nashua, requires careful preparation and a clear strategy to present your story effectively.
FAQs for Steps in a Personal Injury Lawsuit
Here are answers to some common questions about the personal injury lawsuit process.
How long does a personal injury lawsuit take?
The timeline for a personal injury lawsuit can vary widely. A simple case that settles quickly might take a few months, while a complex case that goes to trial could take a year or more. The discovery phase is often the longest part of the process.
What is a contingency fee?
Most personal injury attorneys work on a contingency fee basis. This means you do not pay any attorney fees upfront. The lawyer’s fee is a percentage of the final settlement or verdict you receive. If you do not win your case, you typically do not owe attorney fees.
What is my role during the lawsuit?
Your main role is to focus on your recovery. You will also need to communicate with your attorney, attend medical appointments, provide necessary documents, and participate in discovery, which may include answering interrogatories or sitting for a deposition.
Will I have to testify in court?
Since most cases settle, it is unlikely that you will have to testify in court. However, it is always a possibility. If your case does proceed to trial, your attorney will help you prepare thoroughly so you know exactly what to expect.
What damages can I recover in a personal injury lawsuit?
Compensation, or “damages,” can cover a range of losses. This may include medical expenses, lost wages from being unable to work, pain and suffering, and emotional distress caused by the injury. The goal is to recover compensation that addresses the full impact the injury has had on your life.
Contact a New Hampshire Personal Injury Attorney Today
Understanding the steps in a personal injury lawsuit can make the process feel more manageable. You don’t have to face it by yourself. At Coates Law Office, we are committed to providing direct communication and honest evaluations, so you always know where your case stands. Attorney Bradford Coates, a former prosecutor, uses his unique insight to advocate for his clients and has recovered millions of dollars on their behalf.
If you were injured in New Hampshire, let us handle the legal process so you can focus on what matters most—your health and recovery. Contact us today to schedule your free, no-obligation consultation.