Osborne & Wilmoth Blog
Keep up with the latest legal tips, tricks, and news.
The Stages of a Personal Injury Lawsuit
February 7, 2025
Personal injury lawsuits cover a wide range of accidents and incidents, from car crashes to slip and falls. They provide victims with a legal pathway to recover compensation for medical bills, lost wages, and other damages. However, the legal process can be lengthy and complex if you are unfamiliar with its stages. Let our Fayetteville personal injury lawyers at Osborne & Wilmoth Law Firm guide you through the steps of a personal injury lawsuit.
How Does a Personal Injury Lawsuit Begin?
A personal injury lawsuit begins when you file a complaint in the appropriate Arkansas court, typically in the county where the accident occurred. This document outlines your claims, including:
- How the injury happened
- The damages you have suffered
- The compensation you seek
Once filed, the court serves the defendant with a copy of the complaint. The defendant must then file an answer, admitting or denying the allegations. They may also assert legal defenses or file a counterclaim against you.
At this stage, negotiations may begin, potentially leading to an early settlement. If a settlement is not reached, the case moves forward.
What Happens During the Discovery Phase?
The discovery phase is a crucial part of building a case. During this period, both sides exchange evidence and gather information through:
- Interrogatories (written questions answered under oath).
- Requests for documents (such as medical records, accident reports, and financial statements).
- Depositions (formal sworn testimony from witnesses and parties involved).
Discovery can last several months or even longer in complex cases. The goal is to strengthen legal arguments and prepare for negotiations, mediation, or trial.
Will My Case Go to Mediation or Trial?
Many personal injury cases are resolved through settlement negotiations rather than going to trial. One common alternative to trial is mediation, where a neutral mediator helps both parties explore settlement options. While mediation is not mandatory, it can be a cost-effective way to resolve disputes.
If mediation or settlement discussions do not result in an agreement, the case proceeds to trial. During the trial:
- Both sides present evidence and witness testimony.
- A judge or jury determines liability and damages.
- If the plaintiff wins, the court awards compensation.
What Happens After a Verdict?
Even after a trial, the case may not be over. The losing party can file post-trial motions or appeal the decision. Appeals focus on potential legal errors made during the trial, not simply dissatisfaction with the verdict.
How Long Does a Personal Injury Lawsuit Take?
The timeline of a personal injury lawsuit varies depending on factors like the complexity of the case and the willingness of both sides to settle.
- Simple cases may settle within a few months.
- Cases with extensive discovery or high-value claims may take a year or longer.
- Trial cases can extend even further, especially if appeals are involved.
Protect Your Rights With the Fayetteville Personal Injury Lawyers at Osborne & Wilmoth Law Firm
A personal injury lawsuit can be financially and emotionally challenging. To navigate the legal process effectively, you need an experienced legal team by your side. At Osborne & Wilmoth Law Firm, our Fayetteville personal injury lawyers are committed to protecting your rights. Call our Fayetteville office at 479-521-7727 or fill out our online form for a free consultation. Located in Fayetteville, Arkansas, we serve clients in the surrounding areas.