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The role of civil litigation in a personal injury case

On Behalf of | Feb 28, 2024 | Civil Litigation |

If you receive an injury due to the negligence of another person, you have the right to seek financial compensation. You might choose to pursue negotiations or mediation outside of court, but civil litigation represents the most standard path to justice.

Civil litigation plays a central role in personal injury cases. With the help of solid evidence and courtroom knowledge, you can secure financial recovery for your injuries and losses.

Investigation and gathering evidence

The first step in civil litigation for a personal injury case involves gathering evidence. This includes collecting medical records, witness statements, accident reports and any other documentation relevant to the case.

Filing a complaint

With sufficient evidence in hand, the next step is filing a complaint with the appropriate court. The complaint outlines the details of the incident, the injuries sustained and the legal basis for holding the defendant accountable. Filing a complaint officially initiates the civil litigation process.

Discovery phase

During the discovery phase, both parties exchange information and evidence related to the case. The discovery phase allows each side to gather additional information and build their arguments in preparation for trial.


If a settlement is out of the question, the case proceeds to trial. During the trial, both sides present their evidence and arguments to a judge and jury. The plaintiff must prove that the defendant’s negligence or wrongful actions caused their injuries. A verdict is then rendered based on the evidence presented during the trial.


In some cases, either party may choose to appeal the verdict if they believe there were errors during the trial. The appeals process allows for a review of the trial proceedings and decisions by a higher court.

There were 45,523 federal personal injury cases in 2020, to say nothing of the potentially hundreds of thousands of cases at the state and local levels. The vast majority of these personal injury cases are civil in nature, rather than criminal. That is why it is so important for those pursuing a personal injury claim to understand the civil process.

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