Anatomy of a Personal Injury Case

The anatomy of a personal injury lawsuit involves proceeding through litigation to a settlement or a trial. The plaintiff is the injured person involved in the incident. The defendant is the person or entity accused of injuring the plaintiff.

Pleadings

The plaintiff files a pleading called a complaint in a court of jurisdiction explaining how she became injured in the incident. The defendant files a response called an answer in response to the allegations.

Written Discovery

During discovery, the plaintiff produces to the defendant all medical records and any other pertinent documents in support of his personal injury claim. Medical records become important evidence for establishing the plaintiff's case. The defendant likewise produces documents relevant to the incident that prompted the alleged injury.

Depositions

The parties take depositions. Each side, before a court reporter, testifies under oath about the personal injury lawsuit.

Experts

Part of the discovery phase is the disclosure of medical professionals who will act as experts for the case. Experts may testify at deposition or trial regarding the causal relation of the injuries to the incident.

Mediation

The court, depending on jurisdiction, may schedule a mediation. A neutral third party (usually an attorney) meets with the parties to discuss settlement potential.

Trial

If the parties can't resolve the personal injury lawsuit, it proceeds to a trial and judgment.

John Shumaker
Attorney and Counselor at Law