How a Personal Injury Case Works
Understanding the stages of your case from accident to settlement
How a Personal Injury Case Works
The majority of personal injury cases settle with the defendant's insurance company before a formal court filing ever occurs. However, if the parties cannot reach a fair settlement, your attorney will file a formal complaint alleging that the accident was caused by the defendant's negligence.
Filing the Complaint
Once a complaint is filed, the defendant's attorney receives and must respond. This officially begins the litigation process.
Discovery
During the discovery phase, both sides exchange information relevant to the case. This includes:
- Medical records and bills
- Police reports and accident photographs
- Witness statements
- Expert reports
Depositions may also be taken during discovery. A deposition is testimony given under oath and recorded for potential use at trial. Both the plaintiff and defendant, as well as medical experts, may be deposed.
Settlement, Mediation, and Arbitration
Most cases resolve before trial through one of three methods:
- Direct settlement — the insurance company agrees to pay compensation in exchange for releasing all claims
- Mediation — a neutral third party helps both sides reach a mutually agreeable resolution
- Arbitration — a neutral arbitrator hears evidence from both sides and renders a binding or non-binding decision
When the insurance company agrees to settle, they pay compensation to the injured party in exchange for the injured party releasing all claims against the defendant.
Trial
If mediation and settlement negotiations fail, the case proceeds to trial. A jury hears testimony from doctors, experts, the plaintiff, and witnesses. Trials may last one day to several weeks. See our Personal Injury Trial page for details.
How Pre-Settlement Funding Helps
Because cases can take 12–36 months or longer to resolve, Bridgeway Legal Funding can provide a cash advance now — so you don't have to settle for less than you deserve just because you need money today.
Contact us: (800) 531-4066 | [email protected]
Local: (516) 787-8000 | Fax: (516) 345-1622
Office: 1295 Northern Boulevard Suite 22, Manhasset, NY 11030
Don't Wait — Get Cash While Your Case Settles
Bridgeway provides non-recourse advances that let you stay financially afloat during the legal process. Apply today.