In some cases, negotiations between a personal injury lawyer and insurance company lawyers fail. Unfortunately, the victim must decide whether to accept the most recent offer or file a personal injury lawsuit. It is essential to remember that even if a victim files a personal injury lawsuit, negotiations do not necessarily cease. Fewer than five percent of all personal injury cases result in a court-ordered settlement. However, when the talks are stalled or fail, a personal injury lawyer will take the following steps on behalf of their client: Step One: Filing a Motion For a Personal Injury Claim The victim's attorney will file a complaint with the civil court in the proper jurisdiction. The complaint will contain specific particulars, including the victim's name (plaintiff) and the name of the party (defendant) who was responsible for the injuries suffered. The complaint may also contain specific figures about the amount of damages that the victim seeks. The complaint will also detail the victim's losses and the legal basis for the lawsuit. It will also provide a specific timeline for the defendant's response to the complaint once the attorney serves it upon them. This begins the court process. Step Two: Determining the Type of Trial in Personal Injury Claims Not all personal injury cases are the same. The victim's lawyer will discuss the option for a bench trial with their client, which only a judge conducts, or a jury trial. Both options are available in nearly every state when dealing with personal injury claims. Remember, the time to hear a case may vary depending on how many cases the courts hear. Victims should discuss the pros and cons of each type of trial with their attorney before deciding what makes sense for their case. Step Three: Discovery and Negotiations or Mediation/Arbitration Once the initial steps are complete, then the discovery process begins. This may include requests to exclude certain evidence or witnesses from the process. There may also be opposing motions to dismiss the lawsuit. The victim may ask for summary judgment, stating their proof is overwhelming and demanding the court find it in their favor before trial. The defendant may claim there are insufficient grounds for the lawsuit or that the statute of limitations has expired and, therefore, the judge should dismiss the claim. Some states may require parties to mediate or arbitrate before a trial occurs. In these instances, a third party not involved with the defendant or the plaintiff in a personal injury case participates in negotiations. These discussions can help reach a reasonable settlement without the added time and financial burden of taking a case to trial. Should these negotiations be fruitful, the process would be like the final stages of a negotiated settlement: The victim's lawyer draws up the settlement agreement. The insurer sends the payment to the victim's lawyer. The victim's lawyer disburses the funds as agreed upon. If these negotiations fail, then the court process continues. Step Four: Trial Processes Depending on the type of trial the victim has chosen, the lawyer will put their case together. Generally, a court case consists of: Opening statement - The lawyers for both parties explain the facts of the case and why the court or the jury should rule in favor of their client. Presentation of witnesses - Both the plaintiff and the defendant have the right to have witnesses supporting their version of events. In personal injury cases, these may include witnesses to the accident, doctors who cared for the victim, or doctors who dispute the victim's condition. Presentation of evidence - Both parties are entitled to present proof which supports their case. Closing statements - Both lawyers will present their final statement based on the evidence presented and the witnesses who gave testimony. Determination - Once these steps are complete, the two sides will rest, and the judge or jury will decide which party's claims are successful. If the court determines the victim is successful, they will specify the financial payment the plaintiff is entitled to. This may include not only the settlement amount to which the victim is entitled but may also include punitive damages and legal fees. This judgment amount will be what the victim is entitled to collect. Step Five: Appeals Process Both sides may have an opportunity to file an appeal if unsuccessful in convincing the court of their case. However, for an appeal to be successful, the party must show that there was an error made in the presentation or the determination of the case. Appeals are not a retrial, and the outcome of an appeal is final. Step Six: Settlement and Disbursement Once the judge or jury renders judgment and any options for appeal have been exhausted, the settlement and disbursement process will proceed as if the case had been settled before trial. Understanding how insurance companies negotiate settlements can be helpful for victims to understand so they know the steps their personal injury lawyer will take for them.