What happens during a personal injury lawsuit?

When you have been injured through the fault of another person or entity, the first step should always be to contact a lawyer. In the case of a car accident, the other driver’s insurer may contact you to try to get you to settle for a low amount, but you should consult with an attorney instead.

An attorney will work with you to determine whether a lawsuit is appropriate in your case. Often, even when a case does not go to trial, filing a lawsuit is necessary in order to gain information and bargaining power.

After a lawsuit is filed, a period of discovery begins, which may take several months. During this time, each side of the lawsuit has the opportunity to collect evidence from the other side. This allows both sides to make decisions about the case.

Often, at some point during or after the discovery process, a settlement offer will be made. In the vast majority of cases, the parties do agree to settle the matter without going to trial. However, if the injured person and his or her attorney agree that the settlement offer is too low, they may decide to take the case to trial. It is not uncommon for trials to take place a year or more after a case is filed.

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