What Does Litigation Mean in a Personal Injury Case?
December 9, 2025 Posted In Personal Injury
Litigation refers to the formal legal process that begins when an injured person files a lawsuit in civil court. It includes the steps, procedures, and strategies used to resolve a personal injury dispute when negotiations with the insurance company fail.
Litigation Begins When Settlement Negotiations Stall
Most personal injury cases start with an insurance claim. The injured person seeks compensation for medical bills, lost income, property damage, and pain and suffering. When the insurance company refuses to take the claim seriously or offers an unfair settlement, the injured person may choose to file a lawsuit. Filing the complaint officially starts litigation. The complaint outlines:
- How the accident occurred.
- Why the defendant (at-fault party) is responsible.
- The injuries suffered.
- The damages the victim seeks.
Once filed, the defendant receives the complaint and must typically respond within 30 days under California law.
The Discovery Phase Reveals Critical Evidence
Discovery represents one of the most important stages in litigation. During this phase, both sides exchange evidence that supports their claims. Discovery ensures that neither party can rely on surprise tactics or hidden facts at trial. Common discovery tools include:
- Interrogatories: Written questions that require written answers.
- Requests for production: Documents, photographs, medical records, or digital files.
- Depositions: Recorded questioning of witnesses, experts, and the parties involved.
- Subpoenas: Court orders requiring documents or testimony from third parties.
Discovery helps uncover the strength of each side’s evidence. Many cases settle during or after discovery because both sides gain a clearer understanding of what will likely happen at trial.
Motions Helps Shape the Case
During litigation, attorneys may file motions asking the court to decide certain issues before trial. Common motions include:
- Motions to dismiss
- Motions to compel production of evidence
- Motions for summary judgment
- Motions to exclude improper or unreliable testimony
These motions influence the direction of the case and determine what evidence the jury may consider.
Mediation or Settlement Conferences
Even after a lawsuit is filed, most personal injury cases still settle before reaching trial. Courts often encourage the parties to participate in mediation or settlement conferences. These meetings allow a mediator (neutral third party) to help both sides negotiate a resolution. Mediation benefits victims because:
- It provides a structured environment for negotiation.
- It allows creative settlement options that a trial may not offer
- It avoids the stress of testifying in court.
Many cases settle at this stage.
Trial Becomes the Final Step in the Litigation Process
If the parties cannot settle, the case proceeds to trial. Trials may involve:
- Opening statements
- Witness testimony
- Cross-examination
- Expert testimony
- Presentation of medical records, accident reports, and other evidence
- Closing arguments
A judge or jury decides whether the defendant is liable and, if so, how much compensation the victim receives. Trials require strong preparation and clear presentation of evidence.
Why Litigation Matters in a Personal Injury Case
Litigation provides a structured way to resolve disputes when insurance companies refuse to negotiate fairly. It ensures that victims have the opportunity to present evidence, challenge the defendant’s arguments, and seek compensation through the court system. Even when a case settles before trial, the possibility of litigation often pressures insurers to pay the claim’s true value.