What Does Litigation Mean In a Personal Injury Case?

Personal injury trials can become complicated and challenging to understand, and you can typically settle them before any type of court process takes place. However, if you can't, you'll soon begin to hear about litigation from your attorney.

But what does litigation mean in a personal injury case, and how can it impact the outcome? Knowing this beforehand will help you feel more comfortable throughout the process.

Keep reading this guide to learn everything you need to know about what litigation means in a personal injury case.

What Does Litigation Mean in a Personal Injury Case?

First, since a personal injury case involves any injury to your body or mind, you need to be able to prove another party caused these injuries.

The legal jargon for this entire process is known as litigation, and you can learn more about the process of a personal injury lawsuit in Tucson to get a better idea of what you can expect overall.

Litigation in a personal injury lawsuit involves different stages that include:

Pre-Trial Discovery

If you're a personal injury victim, known as the plaintiff, you'll need evidence proving the other party's negligence caused the accident. The other party, known as the defendant, will need to prove they weren't liable for the damages or that they are only partially liable. 

This entire process of gathering evidence before the trial begins is known as discovery.


During the litigation process, the plaintiff and defendant can file motions to begin the litigation process at any time.

Motions can involve anything from excluding certain evidence in court to covering additional damages. You can even file motions to limit evidence or dismiss the case altogether.

Expert Witnesses

Witnesses are crucial to establishing how the sequence of events caused your injuries. Expert witnesses include doctors and private investigators who have extensive injury knowledge and experience.

For example, if you have severe injuries, an expert medical professional can testify how they will continue to impact your life.

Both plaintiffs and defendants are allowed to call expert witnesses to testify on their behalf.

Preparation and Trial

Litigation also involves preparing for trial. Attorneys on both sides will work on preparing evidence and witnesses to testify. They'll also spend time filing and responding to various motions.

Pre-trial is a part of the preparation phase and it gives time to discuss any remaining issues. Both parties can come to a settlement agreement during this phase and avoid a trial.

If not, the litigation process will come to an end once the case goes to trial. During the trial, you'll have the chance to present the evidence and arguments that support your case. Once a judge or jury decides the outcome, you can continue the litigation process once again if you file an appeal.

Learn More About Litigation in Personal Injury Cases

Now you know the answer to the question, "What does litigation mean in a personal injury case," you'll feel more comfortable with your case.

Don't hesitate to talk to multiple personal injury attorneys and ask for details about the types of lawsuits they have experience with. A reputable attorney will have no problem answering your questions about the litigation process. 

Make sure to visit the rest of our blog for more educational and informative articles!

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