The Stages Of An Injury Claim: Part 2

The goal in personal injury lawsuits is to reach a resolution satisfactory to all parties, particularly for our client, and as quickly as possible. In many cases, this is done before a pre-suit stage through a settlement. But that is not always the case. If a case fails to settle pre-suit, our only tool is to file a lawsuit.

In this article, we talk about what happens if a case fails to settle and a lawsuit becomes necessary.

Discovery and Fact-Finding

The beginning stages of the litigation process involve discovery and fact-finding, and litigation opens the door to tools that can be used to gather information that can help build a client’s case. This includes attempts to obtain cell phone records, social media information, hospital policies and procedures, incident reports, Amendment 7 documents, as well as the opportunity to engage in oral discovery. Oral discovery involves taking depositions or statements of witnesses to the injury or people who otherwise might have important information about the claim.


The litigation process also involves motion practice. Motion practice for attorneys is simply a request to ask the judge to do something in your case. Some different examples of types of motions that are filed in personal injury cases include motions to compel, a motion for summary judgment, a motion for a directed verdict, or a motion to reduce or limit the scope of evidence that can be admitted and heard during the trial.

Motion to compel is simply a motion asking the judge to force the other side to produce certain documents or things or answer certain questions.

A motion for summary judgment is asking the judge to make a determination based on evidence that has been obtained as a matter of law in your favor in the case.

A motion for a directed verdict would be asking the judge to take the evidence that’s been presented and arrive at the only reasonable conclusion that that evidence suggests.


Throughout the litigation process, clients often ask about opportunities to settle the case. One convenient opportunity to explore settlement is mediation, which is required by Florida law prior to obtaining a trial date in most cases. Mediation is a process where the litigants use a third-party neutral to help them try to settle the case.

Going To Trial

Many clients are interested and in fact nervous about what might happen at trial in their case, and a trial is simply an opportunity for the plaintiff, who carries the burden of proof, to present all of the evidence that’s admissible that would help a jury find in their favor. The burden of proof remember belongs to the claimant. The goal is to convince each and every juror that the conduct of the defendant was negligent, that that negligent conduct caused injury to the plaintiff, and to prove the extent of injury and damages. This is done with medical bills, and physician testimony, and the testimony of the claimant himself.

Get aggressive and compassionate representation.

If you’re looking for a law firm that isn’t afraid to try cases no matter how big or how small, don’t hesitate to give us a call here at Michles & Booth at (800) 848-6168. Your claim may have time limitations, and it may be important to get started as soon as possible.

Prefer To Listening Over Reading?

Click to play the video below or view it on YouTube here.

View the slidedeck for this video here: Stages of a Personal Injury Case: To Trial


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