What Is the Litigation Process After a Personal Injury Accident?

January 28, 2026

Dennis Hernandez

When you’re injured in an accident, the last thing on anyone’s mind is dealing with taking legal action. The legal system sounds complicated, the paperwork infinite and the process uncertain. And that’s precisely why knowledge of the litigation process is so important; that way you can come to it with a clear head, and approach it with both confidence and the right team of attorneys on your side.

At Dennis Hernandez Injury Attorneys, we fight to get you paid! Our seasoned lawyers are available to help guide you every step of the way on your legal journey. Whether you’re involved in a car crash, truck accident or wrongful death claim here is what you will need to know.

What Does Litigation Mean In A Personal Injury Case?

Litigation is the official proceeding of a case in court. In the context of a personal injury claim, this means filing a lawsuit to recover damages (such as medical bills, lost wages and pain and suffering) when the at-fault party’s insurer doesn’t offer fair compensation.

Most personal injury cases are resolved without going to court, but some need to be litigated for the sake of justice. Because when you understand how it works, you can make choices that are based on information.

What Is the First Step in the Litigation Process?

The journey begins with your free consultation. During this meeting, your attorney will review the facts of your accident, assess your injuries, and advise you on the strength of your case.

At this stage, it’s crucial to hire a lawyer who knows the litigation process inside and out. You’re not just hiring someone to handle paperwork, you’re hiring a strategist, advocate, and courtroom warrior.

Schedule your free consultation today.

How Do You File A Lawsuit?

So once your attorney decides that it’s time to … and you’re in the right jurisdiction, then they’ll file a complaint. This document outlines:

The party being sued (defendant)

What happened (the facts)

What damages you’re seeking

Once the lawsuit is filed, the defendant is handed a summons that officially kicks off the countdown to trial. From there, it is off to the races, sometimes at a snail’s pace, but always intentionally.

What Happens During The Discovery Phase?

And this is when the heavy lifting really starts. Discovery is that period where both sides collect and share evidence. It is during this period the attorney is going to:

Request documents

Submit written questions (called interrogatories)

Take sworn statements (called depositions)

Retain expert witnesses

It’s not generally fast, but it matters. Think of discovery as the “fact-finding mission” in your case. Compelling evidence discovered here can translate to potent leverage at the bargaining table, or before a jury.

See how we build strong cases during discovery.

What Are Depositions And Interrogatories?

Interrogatories are written questions that the other side has to answer under oath. These help make clear important facts and timelines.

Depositions are in-person interviews, conducted under oath, in which attorneys ask witnesses questions and record their answers.

Our tools allow your lawyer to be ready for whatever the defense may toss and turn in your direction, even when it reveals potential contradictions or admissions.

Can The Case Be Dismissed Before Trial?

Yes. Prior to trial, lawyers can make pre-trial motions that really change the complexion of a case. For example:

A motion to dismiss can dispute the legal theory behind the lawsuit.

Summary judgment is a motion claiming that the facts are so clear that there doesn’t even need to be a trial.

It’s the kind of back-and-forth that takes legal strategy to write these motions and argue them in court. That’s why it makes a difference to have an experienced trial lawyer in your corner from the get-go.

Will My Case Go To Trial?

It depends. Most personal injury cases settle prior to trial; in some cases, during or shortly after the discovery process. But if the insurance company will not pay a fair amount of damages, trial may be your only option.

Here at Dennis Hernandez Injury Attorneys, we won’t back down. We position every case as if it’s going to trial, because preparation wins cases, whether inside the courtroom or out.

Discover why trial preparation is important in a Wrongful Death case.

What Happens During Trial?

A trial is the event during which both sides lay out their case for a judge or jury. Your attorney will:

Deliver opening statements

Examine and cross-examine witnesses

Present physical and medical evidence

Work with expert witnesses

The other side does likewise. After both sides conclude their cases, the jury deliberates and returns a verdict. If they find in your favor, the judgment will state how much you are due.

What Happens After The Verdict?

The litigation may not even be over after a jury has ruled. Post-trial motions can assail the verdict or call for a new trial. Both sides can appeal if they think there were legal errors.

Appeals are time-consuming and also require appellate legal experience. Fortunately, we have managed to succeed in appeals at the state and federal levels, vindicating our clients’ rights beyond our trial courts.

Can You Settle The Case At Any Point?

Absolutely. Settlements can happen at any stage: pre-filing, during discovery, even in the middle of a trial. A settlement is a deal in which the defendant offers money (it might be something else) and in exchange, you drop the case.

Then it’s a matter of bargaining from a position of power. This is why our lawyers develop each case with a trial focus. The faster the other side knows you’re ready to fight, the greater their incentive to come up with a fair settlement.

Learn how we negotiate high-value settlements in paralysis cases.

How Do You Choose The Right Litigation Attorney?

Not every lawyer is cut out for litigation. Some settle quickly to avoid court. We don’t. We will go the extra mile, because we believe that your recovery and your future are worth it.

What to Ask When Hiring Litigation Attorneys

Do they have courtroom experience?

Have they tried your type of case before?

Are they clear and consistent communicators?

Do they settle for value or are they good litigators?

If you can’t reply to all of those with a definitive “yes,” then it’s time to find someone who will fight harder.

Get to know the attorneys who never settle for less.

Final Thoughts: What Should You Expect From Litigation?

The path of litigation isn’t always smooth, but it’s there for a reason: to make sure that your rights are honored and justice is served when others refuse to account for their actions. With the appropriate lawyer, you can pursue all the compensation that is rightfully yours.

Dennis Hernandez Injury Attorneys – we believe in your case. We believe in standing up for your future. And we are not afraid of courtrooms or corporations or anyone getting in the way of what you’re owed.

We fight to get you paid, on every step of the way.