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What is the Personal Injury Lawsuit Process?

Personal Injury Lawsuit Process

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What is the Personal Injury Lawsuit Process?

When you have been injured in an accident, the future may seem uncertain. If your accident was the result of someone else’s negligence, it is vital to contact a legal professional as soon as possible.
Finding an accomplished attorney that knows how to fight a personal injury lawsuit will give you the best chance of securing compensation.
Most people have little experience with the process of a personal injury lawsuit, which means that victims may be unsure about how to hire a personal injury lawyer or how to seek financial recovery.
In the following article, we will discuss the personal injury lawsuit process. When you need the best personal injury attorneys in the Atlanta area, we can help. At Morgan & Morgan, our team of legal professionals will fight for you. For a free case consultation, call our offices at 877-667-4265 or submit a contact form online.

How to Hire a Personal Injury Lawyer

When you have been injured because of another person’s carelessness, you have the right to seek financial compensation. Victims should not bear the financial burdens from their accidents alone.
But the legal system is incredibly complex. It requires specialized knowledge to know how to win a personal injury lawsuit. Because of this, it is crucial to hire a skilled injury attorney to represent you.
There are many forms to complete and deadlines to meet throughout the legal process. Your attorney will ensure that your injury claim meets all of the legal requirements.
In addition to filing legal paperwork, an injury lawyer will:

  •       Consult with expert witnesses
  •       Obtain evidence
  •       Speak with witnesses to the accident
  •       Build sound legal arguments
  •       And more

An accomplished attorney will know how to fight a personal injury lawsuit successfully. During your initial consultation, a legal professional can help you to determine the likelihood of success in your case.

Steps in the Personal Injury Lawsuit Process

Successfully pursuing a personal injury claim involves taking the right actions immediately after your accident. Below, we will discuss the standard steps in the process of a personal injury suit.

Seek Medical Treatment

Immediately after your injury or accident, you should seek a medical assessment. This is true even if you are not severely injured.
If you believe that there is a possibility that you have sustained an injury, consult with a medical professional. This is important for your health and for the success of any resulting personal injury lawsuit.
Many victims do not realize that they are injured until days or weeks after their accident. For instance, suppose that you are involved in a car crash. You may feel fine in the moments after the collision. But some conditions do not produce symptoms later on.
It is important to get a medical assessment right after your accident to determine whether you sustained any injuries. If you assume that you are fine and do not seek medical attention, an insurance provider may use that fact to dismiss your claim.

Tips on How to Hire a Personal Injury Lawyer

While some very minor claims do not require legal representation, it is usually a good idea for victims to speak with an attorney.
Most victims do not know how to find the right injury lawyer for them. Look for the injury attorneys with the best reviews in your area.
It is vital to find an attorney that has the experience necessary to win a case like yours. Make sure that the lawyer you hire has a track record of fighting for personal injury victims and securing large settlements.
When you are learning how to hire a personal injury lawyer, look for attorneys that offer free consultations. This will give you a chance to ask clarifying questions and get a sense of the attorney’s qualifications.
Finally, find an attorney or firm that is paid using contingency fees. Cost is always a concern for victims who need legal representation. A contingency fee payment structure means that your lawyer will not get paid until they win or settle your case. In other words, they do not get paid unless you do.

Your Attorney Will Interview You

Before filing your lawsuit, your attorney will want to learn everything they can about your accident and injuries. This will involve:

  •       Asking questions to gain a comprehensive understanding of your situation
  •       Reviewing your medical records and treatment
  •       Assessing your medical billing

When an attorney is determining how to fight a personal injury lawsuit effectively, they need all of the facts that are available. Make sure to answer your lawyer’s questions as truthfully and completely as possible.

Demands and Negotiations

Once your attorney has all of the information they need, they will decide what demands to make. Smaller personal injury cases often settle without the need to file a lawsuit.
A “settlement” is an agreement reached by both sides of a legal dispute. Settlements are typically more cost-effective and convenient than litigation.
Your attorney will contact the other party or their insurer to state your claim and demands. Usually, lawyers do not make demands until the victim has recovered from their injuries as much as possible. This helps the attorney to better estimate the value of the personal injury claim.
Your attorney may demand compensation for damages like:

  •       Medical bills and expenses
  •       Property damage
  •       Loss of income
  •       Loss of long-term earning potential
  •       Pain and suffering
  •       Loss of relationship or consortium (in wrongful death cases)

After demands are made, the other party in the dispute will respond. This begins the negotiation phase.
If negotiations are successful, both sides will agree to a settlement. Again, most personal injury cases are settled before going to trial.

Filing a Lawsuit

If negotiations fail, your attorney will file a lawsuit and the litigation process will begin. Once you file the lawsuit, the courts will set the date of the trial.
Before the trial takes place, the lawsuit will enter the discovery phase. The process of “discovery” gives each side a chance to view the other party’s argument and claims. The discovery process may last up to a year.


Once discovery is complete, your case will go to trial. Trial dates are subject to the schedules of the courts. They are often postponed, even after a date has been set.
An accomplished injury attorney understands how to fight a personal injury lawsuit effectively. At the trial, your attorney will present strong legal arguments on your behalf.
They will provide evidence to show that the other side is legally liable for the damages that you sustained.
Once both sides have presented their arguments, the jury will deliberate and reach a verdict.

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Personal Injury Lawsuit Process FAQs

  • How Can I Know Whether a Lawyer is Right for Me?

    It can be difficult to know how to hire a personal injury lawyer that will work effectively with you. When you schedule your free case consultation, plan to ask any questions that you may have about the injury claims process.
    You should think of your initial consultation as a job interview. While the attorney will ask questions about your case, you will also need to determine whether that particular lawyer is the best choice.
    It is important to find a legal representative that understands your situation. At Morgan & Morgan, we know the difficulties that injury victims go through. Our compassionate attorneys understand how to fight a personal injury lawsuit and secure maximum compensation.

  • Can I Be Sure That My Case Will Be Successful?

    There is no guaranteed outcome for a personal injury lawsuit. However, speaking with a skilled attorney can give you a sense of the likelihood of success in your case.
    An accomplished attorney will thoroughly review the facts of your case. They will help you to decide your best course of action. The skilled attorneys at Morgan & Morgan have the experience to win almost any type of personal injury case. 

  • Is It True That I Won’t Pay Any Fees Unless I Receive Compensation?

    Yes, it is really true! At Morgan & Morgan, we operate on a contingency payment structure.
    This means that our attorneys will receive a portion of the recovery from your case. If we do not win or settle your case, you will not pay anything for our services. You can be sure that our personal injury lawyers will fight hard to obtain the best outcomes for you.

  • Morgan & Morgan Is on Your Side

    When you need the premier personal injury attorneys in the Atlanta area, contact us. Morgan & Morgan is the largest injury law firm in the United States.
    Our legal team has secured more than one million successful verdicts and settlements. We have won over $15 billion in financial recovery for our clients. We have the skills and experience necessary to handle any type of personal injury claim.
    Our firm operates on contingency. We do not get paid unless you do.  We are confident in our ability to win or settle your case. Contact Morgan & Morgan to hire a personal injury attorney who has a strong track record of success in cases like yours.
    Call us at 877-549-6943 for a free initial case evaluation. You can also fill out our contact form online. Let Morgan & Morgan give you the support you need for the money you deserve.

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Last updated on May 11, 2023

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