What Happens After a Personal Injury Lawsuit is Filed?

If you are like most people, you have never been involved in a lawsuit. As a result, many accident victims, as well as their families are worried about how to properly pursue a personal injury claim. While some lawsuits result in a trail in front of a jury, the majority of them do not, and with the right personal injury attorney in Kansas City, the process does not have to be a stressful one.

Here you can learn about the steps of a personal injury lawsuit. The information here takes you from the initial consultation with your selected lawyer to the resolution of your case.

Meeting the Personal Injury Lawyer

If you were hurt because of someone else’s negligence, the first step after you receive medical treatment is to consult with a qualified personal injury lawyer and determine if you have a valid claim. Make sure you bring along medical records, notes you have taken, and any supporting documentation you may have about the situation. Any reputable personal injury attorney in Kansas City offers a free consultation, if they don’t it is best to find services elsewhere.

Hiring and Paying Your Kansas City Personal Injury Lawyer

The majority of personal injury lawyers receive payment on a contingency basis. This means there is no fee unless your case is successful. If you receive monetary compensation, then the lawyer’s fee is a percentage of the total amount recovered – typically between 25 and 40 percent. This is paid at the conclusion of the case. Once you choose an attorney, you will have to sign a contract that specifies how much the attorney fee will be.

Investigation of the Case

The lawyer you hire will carefully research all the information about your case to understand how the injury occurred, how severe the injuries were, damages and costs. They will then contact the insurance company, as well as the attorney representing the party responsible for your injury. Your attorney will let you know about ay significant developments and negotiations during the lawsuit.

Settling the Case Prior to Filing a Lawsuit

There are several personal injury claims, especially the ones that involve a vehicle accident, that are resolved before a lawsuit is filed. This is when the attorney negotiates with the insurance company of the responsibility party and then they are offered a monetary amount to settle the case. It is up to you if you accept this settlement.

Pretrial Phases

If no settlement is offered or an agreement cannot be reached, then the lawsuit will be filed. This entire process can take months, or even years depending on how complicated the case is. The phases of a personal injury lawsuit in Kansas City include:

  • The complaint and answer phase
  • Discovery phase
  • Motions phase


This is an alternative type of dispute resolution that can be requested at any point in the process of the case. Both parties and their attorneys are involved, as well as a neutral mediator. During mediation, the parties attempt to work out an agreement that is beneficial to everyone.

The Trial

If your case makes it to the trial phase, then each side will present their argument and the decision of who is responsible will be made by either a jury or judge. There are six phases of a personal injury trial in Kansas City:

  • Selection of the jury
  • Opening statements
  • Testimony from witnesses and cross-examination
  • Closing arguments
  • Instruction to the jurors
  • Deliberation and verdict

It is important to understand that the lawsuit process is extremely complex. This is why it is so important to hire a personal injury attorney in Kansas City. They can help you navigate all the twists and turns and help you get the best outcome possible.

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