What Does Litigation Mean in a Personal Injury Case?

If you’ve been injured in an accident caused by someone else, you might be wondering what litigation means and whether it applies to your case. You may have heard the term from an attorney, insurance company, or even on TV, but what does it actually involve?

In simple terms, litigation is the legal process of resolving a dispute through the court system. In a personal injury case, this typically means filing a lawsuit against the at-fault party or their insurance company when a fair settlement cannot be reached.

Let’s take a closer look at what litigation means in a personal injury case and what you can expect if your claim moves in that direction.

Litigation vs. Settlement in Personal Injury Cases

Most personal injury cases settle out of court before reaching litigation. However, if the insurance company refuses to offer fair compensation, litigation may be necessary to fight for the damages you deserve.

  • Settlement: The insurance company agrees to pay a negotiated amount before a lawsuit is filed or before the case goes to trial.
  • Litigation: A lawsuit is filed, and the case moves through the legal system, potentially leading to a trial if no settlement is reached.

Even after litigation begins, settlement negotiations can continue at any stage of the process.

The Litigation Process in a Personal Injury Case

If settlement negotiations fail and litigation becomes necessary, here’s what the process typically looks like:

1. Filing a Lawsuit (Complaint & Answer)

  • Your personal injury attorney files a complaint against the at-fault party in court.
  • The defendant (at-fault party) is served with legal notice and must respond with an answer to the complaint.

2. Discovery Phase (Gathering Evidence)

  • Both sides exchange information related to the case, including:
    • Medical records
    • Police reports
    • Witness statements
    • Depositions (formal interviews under oath)

This phase is crucial in building a strong case and proving the extent of your injuries.

3. Pre-Trial Motions & Hearings

  • Attorneys may file legal motions to dismiss the case, exclude evidence, or resolve issues before trial.
  • Judges may hold hearings to determine what evidence can be presented.

4. Settlement Negotiations & Mediation

  • Even after a lawsuit is filed, most personal injury cases still settle before reaching trial.
  • Mediation, where a neutral third party helps both sides negotiate, may be used to reach a fair agreement.

5. Trial (If Necessary)

  • If no settlement is reached, the case goes to trial.
  • A judge or jury will hear evidence and decide how much compensation (if any) you should receive.

6. Appeals (If Needed)

  • If the outcome is unfavorable, either side may file an appeal, asking a higher court to review the decision.

When Does a Personal Injury Case Go to Litigation?

While many personal injury cases settle without going to trial, litigation may be necessary if:

✔ The insurance company refuses to offer fair compensation.
✔ The at-fault party denies liability for the accident.
✔ The case involves severe injuries or long-term disabilities.
✔ There is a dispute over medical expenses or lost wages.

Your attorney will help determine whether litigation is the right step based on the details of your case.

Do You Need a Lawyer for Litigation?

Litigation can be a complex and lengthy process that involves legal rules, strict deadlines, and negotiations with experienced defense attorneys. Having a skilled personal injury lawyer on your side is crucial.

An attorney can:
✔ Gather and present strong evidence for your case.
✔ Handle court filings and legal paperwork.
✔ Negotiate with the insurance company on your behalf.
✔ Represent you in court if your case goes to trial.

If you’ve been injured in a car accident, slip and fall, or any other type of accident, a lawyer can help you navigate the litigation process and fight for the compensation you deserve.

Injured? We Can Help.

If you’ve been injured due to someone else’s negligence and the insurance company won’t offer fair compensation, litigation may be necessary. Harris Personal Injury Lawyers has extensive experience in both settlement negotiations and litigation.

📞 Call us at 1-800-GO-HARRIS for a free consultation today.