According to the American Bar Association, if you file a personal injury lawsuit, you become the plaintiff in the case. The person who injured you becomes the defendant.
Lawyers for each side (and for the insurer) will then begin gathering facts about the case. They’ll do this through a process called discovery, which involves the following:
- The exchange of documents
- Written questions (interrogatories)
- Depositions (questions that are asked in person and answered under oath)
After discovery, most cases get settled before trial. Only a very small percentage of personal injury cases ever go to trial.
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