Your attorney will file the complaint (also referred to as a petition) with the court. This complaint will outline your case against the at-fault party, who will be notified of your complaint.
The next step in the process is the gathering of evidence which is known as discovery. This often involves depositions and the presentation of documentation from both sides. There is often a flurry of motions that are made, including the at-fault party’s legal representation requesting the complaint be dismissed.
Depending on how the discovery process has gone, this can also be the stage where settlement negotiations begin. If both parties can come to an agreement, then there is no need for the case to be litigated in court. If a settlement cannot be negotiated, then a trial date will be set by the court. It will then proceed to trial and a jury will decide if the victim is entitled to damages and how much those damages should be.