What happens in a personal injury case?
Asked by: Mr. Daron Sipes | Last update: February 9, 2026Score: 4.5/5 (32 votes)
A personal injury case involves an injured person seeking compensation from a negligent party, starting with an investigation and insurance claim, moving to formal lawsuit steps like discovery (depositions, written questions) if negotiations fail, and potentially resolving through mediation, arbitration, or a full trial, with most cases settling before trial to cover medical bills, lost wages, and pain & suffering.
What to expect in a personal injury lawsuit?
Once filed, the court will have a month or more to locate the defendant and serve them with the lawsuit. After the defendant is served, the pretrial phase can begin. This consists of a complaint and answer phase, a discovery phase, and a motions phase.
What are the stages of a personal injury claim?
Starting your claim: What happens first?
- Work out who was responsible. ...
- Gathering initial information. ...
- How we collect further evidence. ...
- Assess your injuries or illness. ...
- Supporting your recovery and rehabilitation. ...
- Calculating your compensation amount. ...
- Negotiating your settlement. ...
- Receiving your compensation.
How hard is it to win a personal injury lawsuit?
Most injury victims win or settle successfully — according to national statistics 95% of cases settle before trial in favor of the plaintiff. And among those that do go to court, plaintiffs win about 50% of the time. However, your chances depend heavily on evidence, legal strategy, and where your case is filed.
How much of a 25k settlement will I get?
Economic damages are awarded to reimburse the victim for financial losses that have arisen as a result of their injuries. After standard deductions, you can expect to receive approximately $8,000 to $12,000 from a $25,000 settlement.
Personal Injury Lawsuit Step By Step Process
How long do most personal injury cases take?
A personal injury lawsuit takes 5-7 months to complete, from initial filing through settlement or verdict. Yet, some cases can take up to 2 years or even longer if litigation is involved.
What is a good settlement figure?
A “good” figure is one that fairly compensates the victim for all losses incurred due to the accident, including medical bills, ongoing treatment, future medical bills, lost wages, and pain and suffering.
What not to say to an injury lawyer?
What Not to Say to an Injury Lawyer
- It Was My Fault. ...
- I Don't Think My Injuries Are That Serious. ...
- I Want to Settle Quickly. ...
- I Don't Want to Share That — It Might Hurt My Case. ...
- Best Practices for Talking with Your Injury Lawyer. ...
- Contact the Bronx Personal Injury Attorneys at Rosenbaum Personal Injury Lawyers for Help Today.
What evidence do I need for a personal injury claim?
To be successful in a personal injury claim, you need to be able to prove that your injuries were caused because of the negligence of another party. Any documents that you have that can assist with this will need to be given to your solicitor along with details of any witnesses who might be able to assist your claim.
What is a reasonable settlement offer?
A reasonable settlement offer is one that fully covers all of your accident-related losses, both present and future, while a low offer falls short, leaving you to bear the financial burden. If you have received an offer from an insurance company, it is vital to understand the difference and what you can do about it.
How long for personal injury payout?
This is certainly the case when you're injured in a car accident that wasn't your fault. Of course, there's no definite answer to how long car accident claims can take to settle. But, as a rule of thumb, it isn't unusual for these claims to take between 12 and 18 months.
Should I settle my personal injury case?
Settlements can deliver faster, more predictable results with fewer costs and less stress, and that can be a benefit that matters when you're trying to heal after an accident. Still, settling only makes sense when the number is fair.
What are common mistakes in injury claims?
Common mistakes—such as giving inconsistent statements, missing medical appointments, or posting about your accident on social media—can be used to shift blame onto you or question your credibility. These errors can lead to reduced settlements or even a denied claim.
How much compensation for anxiety after a car accident?
Calculating Compensation For Anxiety After A Car Accident
There is no set compensation payout that's awarded for a personal injury, including anxiety. Instead, compensation is calculated based on the type of injury and how severe it is, and the impact on the claimant's life.
What not to say to a workman's comp doctor?
Here is a quick list of things that you should never say to your workers' comp doctor, even if you are getting a second opinion: Never lie about prior injuries, pre-existing conditions, or medical history. Never lie about the extent of your workplace injury or how it happened.
How much are most personal injury settlements?
The average personal injury settlement amount is approximately $55,056.08, which is based on data from over 5,861 cases that were settled between 2021 and 2024.
Do insurance companies want to settle quickly?
Insurance adjusters are trained to pressure accident victims into early settlements for one reason: money. The faster they close your case, the less they pay.
How often do personal injury lawyers go to trial?
Overall, an annual average of 3% to 5% of personal injury cases go to court. Those that reach the courtroom are typically complex cases, such as medical malpractice or product liability.
What is the hardest case to beat?
First-degree Murder
The combination of severe consequences, extensive investigative resources, and the emotional impact on juries makes these cases exceptionally difficult to defend.
How to look more innocent in court?
Individuals should stick with darker, more serious colors and avoid bright colors, intricate patterns, or any non-traditional fashion choices. While women and men may wear different clothing, both genders should conceal any visible tattoos and wear their hair in a trimmed, combed or styled fashion with a natural color.
Can screenshots of messages be used as evidence?
As with any evidence, chat screenshots must be both relevant (tending to prove or disprove a fact in issue) and material (of significant importance in the case). Irrelevant messages or screenshots that do not pertain to the dispute at hand are generally inadmissible.