If you have been injured in an accident and the insurance company refuses to offer a fair settlement, your case may enter litigation. That word often sounds intimidating to clients, but the truth is that litigation is simply the legal process of moving a case from a lawsuit to a potential jury trial.

Most injury victims have questions about what litigation means, how long it takes, and what is expected of them. This guide explains the process in plain language so you know what to expect and can feel confident every step of the way.

What Does Litigation Mean in a Personal Injury Case?

Litigation begins when a lawsuit is filed. This usually happens when an insurance company undervalues or denies a claim, leaving the injured party without a fair resolution. Filing a lawsuit puts additional pressure on the insurance company and forces them to justify their position.

It’s important to note that although litigation involves court filings and legal procedures, the vast majority of personal injury cases never go to trial. Most resolve through negotiation, mediation, or settlement at some point along the way.

The Four Phases of Litigation

Litigation typically unfolds across four main phases:

1. Initiation and Initial Disclosures

2. Fact Discovery

3. Expert Discovery

4. Trial Preparation and Trial

Each phase has a purpose and involves different responsibilities for both sides.

Phase 1: Filing the Lawsuit and Making Disclosures

A personal injury lawsuit officially begins with the filing of a complaint, which outlines the plaintiff’s claims. The complaint is filed with the court and served on the defendant. The defendant then has approximately 30 days to hire legal counsel and respond by filing an answer.

Before a complaint is filed, the law requires that certain information be prepared and disclosed early in the process. In Utah, these early disclosures are designed to “front-load” the case with relevant information, including:

• Medical history related to the injuries

• Names of friends, family, and co-workers

• Witnesses who can describe the impact of the injuries

• Employment information if wage loss is claimed

The purpose of this phase is to make sure both sides begin litigation with access to the core information rather than waiting until later.

Phase 2: Fact Discovery

After the complaint and answer are filed, the case moves into fact discovery, which is generally the longest and most active stage of litigation. This phase often lasts around a year.

Fact discovery allows both sides to gather information through several methods:

Subpoenas

The opposing party can use subpoenas to request medical records, employment records, and other documents. This helps them understand the plaintiff’s injuries, treatment, and any wage-related losses.

Written Questions

Parties may send written questions, known as interrogatories or requests for production, asking for explanations and documents related to the case. Plaintiffs work with their attorneys to answer these questions within tight deadlines.

Depositions

Depositions are recorded question-and-answer sessions under oath. In injury cases, the plaintiff is typically asked about:

• How the incident occurred

• The nature of their injuries

• Medical treatment received

• How the injuries have affected daily life

The plaintiff’s attorney will also take depositions of key witnesses, including the defendant, business representatives, or other parties involved.

Medical Exams

Insurance companies may request an independent medical examination, often performed by doctors who regularly evaluate injury claims. The purpose is to assess causation, treatment, and damages. Attorneys prepare clients for these exams and guide them through the process.

Phase 3: Expert Discovery

Once fact discovery closes, the case enters expert discovery, which typically lasts several months. Both sides may hire experts to provide professional opinions on key issues, such as:

• Liability (who caused the incident)

• Medical causation (whether the injury relates to the event)

• Future medical needs

• Long-term effects of the injuries

During expert discovery, each side has the opportunity to learn the other side’s expert opinions and challenge them if necessary.

Phase 4: Trial Preparation and Trial

After expert discovery concludes, the case moves into trial preparation. The court sets a trial date, though timelines may vary, especially with court backlogs. Trial preparation often takes six to eight months and involves:

• Filing legal motions

• Determining what evidence is admissible

• Preparing witnesses

• Organizing testimony and exhibits

Most of the preparation happens behind the scenes, and the plaintiff’s direct involvement is usually limited until closer to trial. About a month before trial, attorneys meet with the client to discuss what to expect and how the trial will proceed.

A typical jury trial for a personal injury case lasts two to four days, and the plaintiff is expected to attend and participate.

Settlement Opportunities Along the Way

Even though litigation moves a case closer to trial, there are multiple opportunities to settle throughout the process. In fact, most courts require the parties to participate in mediation before granting a trial date. Mediation is a structured negotiation with the assistance of a neutral mediator who works to help both sides reach a resolution.

Because trials are unpredictable, time-consuming, and expensive, parties often settle during or before mediation. For clients, this means that filing a lawsuit does not necessarily mean going to trial.

Call McMullin Injury Law

Litigation may sound daunting, but it exists to help injury victims seek fair compensation when insurance companies refuse to evaluate a claim properly. 

While litigation takes time, it also creates leverage and pressure that can lead to a better outcome. Here at McMullin Injury Law, we would love to help. Give us a call and speak to a litigation specialist today.