Filing a lawsuit makes you the 'plaintiff,' and the person or entity that caused your injury is called the 'defendant.' The defendant will have their lawyers, including legal counsel for the insurance company. The first phase is called 'discovery,' and it involves both sides gathering evidence by exchanging documents, posing written questions, or by asking questions under oath and in-person in 'depositions.' At this point, there's still the opportunity for the parties to agree to a settlement. If not, the case will proceed to trial. This only happens in a small percentage of injury cases.