Litigation in Personal Injury

After experiencing a personal injury case, litigation can be confusing within a court system. Here’s what you need to know about litigation in a personal injury case.

Litigation defines legal proceedings after a person files a lawsuit as enforcement and defense of rights in court. In personal injury cases, litigation is the process of suing the negligent party who directly or indirectly caused the injuries. The goal is to end court proceedings before they begin. Personal injury litigation occurs by parties reaching a settlement, a mutually accepted solution, and/or reward for the injury. If the two parties cannot reach a settlement, litigation continues in a lengthier process.

Related: Bodily Injury vs Personal Injury: The Difference

The Five Elements of Personal Injury Litigation


Discovery is the process of collecting evidence to support a court claim. Both attorneys will subpoena records, witnesses, and other relevant items to support their case. Parties and their representation may stall the “discovery” in an attempt to reach a settlement before taking the case to trial.

Specific materials attorneys can collect include, but are not limited to:

  • Written questions,
  • Oral examinations,
  • Court testimony
  • Relevant documents


Motions include deciding whether a party will use specific evidence and witnesses in the trial. The documents enter court demanding either temporary or permanent relief. Temporary resolutions continue to leave the door open for a settlement while permanent pending indicates the need for a court hearing.


Gathering expert witnesses involves asking experts in relevant field surrounding the case to offer their opinion in support of a party’s evidence. An expert witnesses’ professional experience and opinions can provide insight into a specific aspect of the case. Examples of experts may be doctors, private investigators, and accountants.


Preparation is the process of training and working with witnesses on their court testimonies. Parties and their representation practice and prepare arguments, strategies, and other logistics of the trial during this stage.

Formal Trial

A trial can be the final step in the personal injurt litigation process because a judge decides the case and may grant a reward. A jury will hear the evidence collected by the attorney and then reach a verdict. The judge’s decision will officially end the litigation period.

FAQs about What Is Litigation in a Personal Injury Case?

Are all personal injury cases litigated?

All personal injury claims do not have to be litigated, because parties may resolve their issues using work documents and outside legal agreements before a party files for a lawsuit.

What are some results of litigation cases?

Personal injury litigation results may include compensation for time off work, reimbursement of medical bills, pain and suffering costs, and many others the court determines or through a settlement.

Is the case in litigation if a settlement is being negotiated?

Until a case reaches a firm and legally recognized settlement, the personal injury claims are still in litigation. The parties and their representation must formally drop the lawsuit to end the litigation process.

Will all these steps be present in litigation?

Litigation can end at any point in time when parties reach a settlement, thus eliminating any remaining steps to the process.

Related: How to Calculate a Personal Injury Settlement Value

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If you or a loved one would like to learn more about litigation in a personal injury case, get your free consultation with one of our personal injury attorneys today!