Recovering fair compensation for your injuries following a serious accident can be complicated when insurers won’t agree to a reasonable settlement.
Sometimes, it is necessary to file a personal injury lawsuit against the at-fault party and their insurance company to demand justice. Many personal injury victims have questions about what happens after filing the initial court papers.
A brief guide to the personal injury lawsuit process can help you understand the process and move forward with confidence.
What Happens After a Personal Injury Lawsuit Is Filed?
Understanding the litigation process can help you prepare for what’s to come and put you in a better position to work with your attorney.
Serving the Defendant: What “Service of Process” Means in Maryland
Step one typically involves filing your complaint with the court.
However, your lawsuit can’t move forward without giving formal notice to the person or entity you intend to sue. This formal notification process is called service of process. The defendant in the case must be served with a copy of the lawsuit and informed that legal action is being taken.
Deadlines are established for defense attorneys to respond to the lawsuit.
In Maryland, defendants generally have 30 days to respond after being served with a personal injury lawsuit.
Discovery Phase: Exchanging Evidence, Interrogatories & Depositions
Next comes the discovery phase of the legal process.
During the discovery process, evidence, such as witness statements, medical records, interrogatories, depositions, and other relevant information, is gathered and exchanged by the opposing sides to evaluate the strengths and weaknesses of their cases.
Interrogatories are written questions provided to individuals that must be answered truthfully under oath. These are information-gathering tools that can help personal injury attorneys uncover specific facts and circumstances related to the plaintiff’s injuries.
Depositions are interviews in which parties or witnesses in court cases answer questions under oath in the presence of a court reporter.
Settlement Negotiations & Demand Letters: When and How They Happen
Most personal injury cases are settled out of court without a trial.
Once each side has completed the discovery process and understands the strengths and weaknesses of the case, the opposing sides often engage in settlement negotiations.
The victim’s personal injury lawyer may send a formal demand letter outlining the facts of the dispute and suggesting a specific monetary pre-trial resolution. Negotiations may continue even after the trial begins in an attempt to settle the civil matter before a court verdict.
Trial: What to Expect If Your Case Goes Before a Judge or Jury
If negotiations stall, your case may go to trial in the Maryland circuit court. At trial, both sides present their cases to a judge or jury. After deliberation, the judge or jury issues a verdict that determines liability and, if appropriate, the amount of compensation to be awarded.
How Long Does a Maryland Personal Injury Lawsuit Typically Take?
The length of a Maryland personal injury case depends on its complexity. Some injury cases can take months to resolve, while others may take significantly longer. If the court must schedule a
personal injury trial date, then a case may take more than a year. Your personal injury lawyer can give you a more accurate timeline depending on the facts of your case.
Have Questions? Talk to a Maryland Personal Injury Lawyer Today
At Greenberg Law Offices, we have been serving Maryland accident victims for over 60 years. Our focus is on serving each client’s interests. Let us help protect your rights if you have been harmed by another party’s negligence.
Contact our legal team today to set up a free case evaluation.
