What Does Litigation Mean in a Personal Injury Case?

By Ben Gobel on July 24, 2024

When personal injury claims are filed against someone who caused you injuries due to their negligence and a low settlement is offered or their insurance denies your claim, you should file a personal injury case. At the start of your personal injury lawsuit, you will hear the term “litigation.”

Litigation typically refers to legal proceedings that happen during a lawsuit. In essence, litigation refers to the lawsuit itself, involving all the integral parts that make up a personal injury case. With the help of your personal injury lawyer, you will have someone to lead the way through this legal process and protect your best interests under personal injury law.

Ogg, Murphy & Perkosky, P.C. is a law firm devoted to advocating for injured victims. Our personal injury blog posts are intended to provide information about personal injury cases. In this informative article, you’ll learn that litigation is much more than just another word to describe a lawsuit. Read on to find out what the litigation process entails and how our personal injury lawyers can help.

Is Litigation Necessary in Every Personal Injury Claim?

Does every personal injury case end up in litigation? Litigation does not happen in every personal injury case. Litigation cost is a big factor, and often, the two parties involved and each insurance company representing them can work things out during settlement negotiations. 

If you have a personal injury case, your personal injury attorney will be working to get you a fair settlement. When negotiations do not result in a sufficient amount, personal injury cases then continue with litigation. It is important to note that the vast majority of cases will settle outside the court system, however, it is impossible to tell off the bat since every case is unique. Your personal injury lawyer will lead the way to ensure you receive fair compensation, and if it can’t happen through a settlement, you can expect litigation to be the next step.

What to Expect During Personal Injury Litigation

Litigation is a complex process that involves many steps. While you may not need an attorney for a simple accident claim such as a minor fender bender, the more serious your injuries, the more urgent your need for legal representation. 

In legal matters involving personal injuries, these are the steps you can expect:

Pre-Litigation

In the pre-litigation phase, there are certain things that happen before a lawsuit is officially filed. Personal injury attorneys will conduct an investigation to determine the defendant’s liability. They will also file a notice or a complaint to the insurance company of the at-fault party. Negotiations will be attempted with the defendant’s insurance company; however, if they do not result in a sufficient settlement amount, the process proceeds to the next steps.

Discovery Phase

Discovery is the part of the case where your attorney begins collecting evidence to support your insurance claims. The claim will involve submitting and exchanging documents with the other party. Your attorney will collect evidence and present evidence that may include police reports, witness statements, and surveillance footage. They will also conduct depositions and oral examinations. As the injured party, you will also need to answer questions under oath during this phase. Your attorney makes sure you understand what questions will be asked by the opposition and ensures you are comfortable during the process.

Motions

Various motions can be filed during litigation with the purpose of getting direction from the courts. For example, a summary judgment is a type of motion filed when one of the parties believes there isn’t a need for trial due to the facts not being disputed.

Expert Witnesses

In a hearing after an accident, it is important to consult with experts in their respective fields who can provide testimony that supports your claim. Experts who may be called in by your attorney include doctors, accident reconstructionists, and vocational experts.

Negotiations

Prior to the trial date, another attempt at the negotiation process will be made. If your accident claim cannot be adequately resolved to get compensation for your economic damages like your medical bills and lost wages and non-economic damages, your case will go to court in front of a judge or jury.

Court Trial

If your case goes to court, your attorney will collect all the evidence and present your case to the judge or jury who will make the final decision in the case. When court cases do not go your way, it may be possible to file an appeal; however, it is important to know that this legal action will make the process to recover compensation even longer. Your lawyer will advise you on what is best in your circumstances. 

Remember, you will most likely wind up with the compensation you need for your medical treatment and other expenses through a settlement rather than going to court. It is still good to know what to expect and a competent lawyer will be prepared for this event from the start, no matter how likely they believe the case will be settled out of court.

Do You Need a Personal Injury Lawyer for the Personal Injury Litigation Process?

Your best chance at maximum compensation is to obtain representation from a lawyer with experience representing cases like yours. Most will offer a free initial consultation where you can learn about their track record and have them review your case.

Keep in mind that no lawyer can ever guarantee a specific outcome but their knowledge may shed some light on the next steps to take. As mentioned, a minor claim may not require the necessity to hire a lawyer. However, if you have suffered serious and painful injuries and incurred a massive financial burden due to someone else’s negligence, you should not proceed without legal counsel.

Ogg, Murphy & Perkosky, P.C. is dedicated to helping you with personal injury matters in Pittsburgh and the surrounding areas. You can schedule a free consultation and learn more about whether your case will involve litigation or can be settled more quickly outside of the courtroom.