ABA Family Legal Guide

Personal Injury

The Basics of Personal Injury Law

What happens if I file a lawsuit?

You become the plaintiff in the case, and the person who you sue becomes the defendant. Lawyers for each side typically begin gathering facts through exchange of documents, written questions (interrogatories) or depositions (questions that are asked in person and answered under oath). This process is called discovery.

After discovery, most cases are settled before trial. Of the cases that do go to trial, most plaintiffs ask for a jury to hear their case, but judges can decide personal injury cases as well. That is known as a bench trial, as opposed to a jury trial.