Litigation Process for Personal Injury Cases
Calling a lawyer and getting involved in the personal injury legal process can feel scary, intimidating, and overwhelming. After all, there’s so much you don’t know if you’ve never done it before. What does the lawsuit process involve? How long will it take? Will I need to go to court and testify in front of a jury? How much money can I get? Is it even worth the hassle?
At D’Amico Pettinicchi, we know that it’s stressful trying to figure out what to do after a serious injury affects your life. You already have enough on your plate, and taking on legal action would only make it more complicated. Fortunately, we can handle that for you. We’ve been helping the injured throughout Connecticut for over 35 years, and we’re here to help you fight the good fight.
An experienced attorney at our firm can provide you with guidance and clarity, managing your case for you so that you can focus on resting and recovering. Contact D’Amico Pettinicchi for a free initial consultation to learn more about the litigation process for personal injury cases in Connecticut.
What Happens During a Personal Injury Lawsuit in Connecticut?
The personal injury litigation process usually begins only after investigation, medical treatment, insurance review, and settlement discussions. If a lawsuit becomes necessary, the case may move through several stages, including filing a complaint, serving the defendant, written pleadings, discovery, depositions, expert review, mediation, settlement discussions, pretrial motions, and possibly trial.
Most personal injury cases do not go all the way to trial, but every serious case should be prepared as if it might. At D’Amico Pettinicchi, we guide clients through each step, explain what to expect, prepare them for depositions or court appearances, and handle the legal work so they can focus on recovery.
Does Every Personal Injury Case Become a Lawsuit?
No. Many personal injury cases begin as insurance claims and resolve before a lawsuit is filed. Before litigation, an attorney may investigate the incident, gather medical records, review insurance coverage, calculate damages, communicate with insurance companies, and attempt to resolve the claim through negotiation.
A lawsuit may become necessary if the insurance company denies responsibility, disputes the severity of the injuries, blames the injured person, offers too little compensation, or refuses to negotiate fairly. Filing a lawsuit does not always mean the case will go to trial, but it does move the case into the formal court process.
What Are the Stages of Litigation?
There are several stages of a personal injury case. A lawsuit begins when an injured party files a complaint in court, thus becoming the plaintiff. The plaintiff must serve a copy of the complaint and the court summons upon the defendant(s) in the case, after which a defendant can file their answer to the complaint. A defendant can move to dismiss the complaint, arguing that the allegations fail to state a legal claim. If a defendant fails to file an answer or appear in court, the plaintiff can request a default judgment.
After the parties submit their pleadings, a personal injury lawsuit proceeds to discovery. In the discovery phase of civil lawsuits, parties exchange documents and information in their possession. They also typically depose each other and other witnesses, such as eyewitnesses or experts who provide written reports or opinion testimony. Discovery ensures that the parties disclose their evidence, which can help narrow down issues for trial.
Before trial, parties may engage in motion practice, filing motions to admit, exclude, or limit evidence at trial. Parties may also file motions for summary judgment, arguing that the uncontested facts support a judgment in their favor as a matter of law on one or more issues in the case.
If the parties do not settle or if the court does not resolve the case on pretrial motions, a personal injury lawsuit will eventually reach trial. During trial, the parties can present evidence, witnesses, and arguments to a jury (or a judge if the parties elect a bench trial). After the parties present their cases, the jury will issue a verdict determining the defendant’s liability, if any, for the plaintiff’s injuries and the amount of compensation the plaintiff should receive.
How Long Does the Personal Injury Litigation Process Take?
A personal injury lawsuit can take two to five years to reach trial, depending on various circumstances. Factors that affect the duration of a lawsuit include:
- The complexity of the evidence and legal issues
- The number of parties involved
- The severity of injuries
- Availability of expert witnesses
- How quickly parties can complete discovery
- The extent of pretrial motion practice
- The parties’ and the court’s scheduling availability
Can a Personal Injury Case Settle After a Lawsuit Is Filed?
Yes. A case can settle before a lawsuit is filed, shortly after litigation begins, during discovery, after depositions, during mediation, on the eve of trial, or even while trial is underway. Filing a lawsuit does not mean settlement is off the table.
In many cases, litigation helps reveal the evidence, clarify disputed issues, and put pressure on the insurance company to evaluate the claim more seriously.
The Role of Alternative Dispute Resolution
During a personal injury lawsuit, the court may encourage the parties to pursue alternative dispute resolution to resolve the case without a trial. Alternative dispute resolution may involve mediation, where parties negotiate a settlement with the help of a neutral third party called a mediator. Parties who pursue ADR may instead submit the dispute to arbitration, where an arbitrator selected by the parties, rather than a judge and jury, decides the injury claim. Arbitration typically involves a quicker, less formal process than court litigation but also has its drawbacks. Some of these drawbacks are the typical waiver of any appeal and sometimes more conservative damage awards.
Both forms of ADR can help parties resolve personal injury cases more efficiently and cost-effectively than litigation, allowing parties to move forward after an accident rather than wait for a personal injury trial.
What Is the Difference Between a Personal Injury Claim and a Lawsuit?
Although people may use the terms “personal injury claim” and “personal injury lawsuit” interchangeably, they can refer to different things. A personal injury claim may encompass an accident victim’s broader efforts to recover compensation for their losses. For example, a personal injury claim may involve filing a claim with an insurance company or sending a demand letter to an at-fault party.
Conversely, a personal injury lawsuit refers to court litigation in which an injured party seeks financial recovery from those liable for their losses. A personal injury lawsuit usually follows earlier efforts to obtain compensation, including settlement negotiations with liable parties and insurers.
How D’Amico Pettinicchi Guides Clients Through Litigation
At D’Amico Pettinicchi, we have over 35 years of experience representing injured people across Connecticut in complex personal injury lawsuits. Even though most personal injury matters are resolved before going to trial, we prepare every case for trial by thoroughly investigating accidents, collaborating with leading medical and financial experts, and vigorously pursuing compensation.
Our attorneys also take a client-first approach, ensuring that every client receives personalized guidance at every step of a personal injury lawsuit. In fact, we have our own courtroom in our Watertown office where we can practice and help you prepare for a courtroom appearance. Most law firms lack a dedicated space just to rehearse the case, but our courtroom allows us to run through a mock trial so you can feel more comfortable in the real courtroom.
Our firm has a proven record of success in personal injury litigation, including a $45 million verdict for a client injured in a motorcycle crash and a $23 million verdict for a child who suffered permanent brain injuries in a school bus accident. Although our past results cannot guarantee future success, our record shows our determination to fight for the best possible results for our clients, and some of the highest personal injury verdicts in Connecticut history. We work tirelessly to earn the trust and respect of everyone we represent. As one of our clients said about their experience with our firm:
“I highly recommend this law firm to anyone in need of a top-notch injury attorney. Their combination of legal tenacity and heartfelt compassion makes them an invaluable ally in any personal injury case!”
How Long Do You Have to File a Personal Injury Lawsuit in Connecticut?
In many Connecticut personal injury cases, the general deadline to file a lawsuit is two years from the date the injury is sustained or discovered, subject to the language of Connecticut General Statutes § 52-584. Different or shorter deadlines may apply depending on the type of case, the defendant, and whether a government-related entity, defective road, medical malpractice issue, wrongful death claim, or other special circumstance is involved.
Because deadlines can be complicated, it is important to speak with an attorney as soon as possible after a serious injury.
Contact Our Connecticut Personal Injury Attorneys to Discuss Your Case
If you still have questions about the personal injury litigation process, we would be happy to answer them for you. Contact D’Amico Pettinicchi today for a free consultation with a knowledgeable personal injury lawyer to learn more about the civil litigation steps in a lawsuit. We’ll answer your questions, explain what you can expect throughout the process, and let you know if we will handle it for you.
Personal Injury Litigation FAQs
Do all personal injury cases go to court?
No. Many personal injury claims resolve through insurance negotiations or mediation before trial. Some cases require a lawsuit if liability, damages, or insurance coverage is disputed.
Does filing a lawsuit mean I will have to testify at trial?
Not necessarily. You may need to give a deposition during the lawsuit, but many cases settle before trial. If trial becomes necessary, your attorney will prepare you.
What is discovery in a personal injury case?
Discovery is the formal information-exchange process. It may involve written questions, document requests, medical records, expert disclosures, depositions, photographs, reports, and other evidence.
Can my case settle during litigation?
Yes. Settlement can happen at almost any stage of the process, including after a lawsuit is filed.
How long will my case take?
The timeline depends on the severity of the injuries, medical treatment, number of parties, insurance issues, expert review, court scheduling, and whether the case settles or proceeds toward trial. If a settlement is reached before litigation is commenced, this would necessarily be within the two-year deadline to file a lawsuit. If litigation begins, typical timeframes run from two to five years, absent exigent circumstances such as the COVID pandemic, which has created longer delays.