What Happens After You File a Personal Injury Lawsuit? A Step-by-Step Timeline

What happens after you file a personal injury lawsuit? Filing is the beginning of the process, not the end. A typical personal injury case takes 1 to 3 years from filing to resolution, moves through 6 to 8 distinct phases, and costs you nothing along the way if your attorney works on contingency. Here’s what actually happens after your case is filed.

Once your attorney files a personal injury lawsuit on your behalf, most clients ask the same three questions: How long is this going to take? What am I supposed to do? And what’s this going to cost me while it’s happening?

The short answers: usually 12 to 36 months, less than you’d think, and — with a contingency-fee attorney — nothing out of pocket. But knowing what actually happens between the filing and the resolution can save you a lot of anxiety along the way.

Here’s a step-by-step walkthrough of the litigation process, tailored to personal injury cases in the Gulf South.

What Happens After You File a Personal Injury Lawsuit: The 9 Phases

1. Service of Process (Weeks 1–2)

After your lawsuit is filed with the court, the defendant has to be formally notified that they’re being sued. This is called service of process. A process server or the sheriff’s office delivers a copy of the complaint and a summons to the defendant, giving them official notice.

Service usually happens within a week or two of filing. In cases involving out-of-state defendants, insurance companies, or evasive parties, service can take longer — but this is your attorney’s problem to manage, not yours.

2. The Defendant’s Answer (30–60 Days After Service)

Once served, the defendant typically has 30 days (though the exact deadline varies by state and court) to file a formal answer to the complaint. In the answer, the defendant admits or denies each of your allegations and raises any legal defenses they intend to rely on.

In some cases, the defendant may also file a counterclaim alleging you were at fault. Do not panic if this happens — it’s a common defensive tactic, especially in car accident cases, and your attorney will handle the response.

3. Discovery (6–18 Months)

Discovery is usually the longest phase of a personal injury lawsuit — often 6 to 18 months, depending on complexity. It’s the formal process by which both sides exchange evidence and information about the case — in federal court, governed by Rule 26 of the Federal Rules of Civil Procedure. Discovery tools include:

• Interrogatories — written questions the other side must answer under oath
• Requests for production — demands for documents, medical records, photos, videos, phone records, and other tangible evidence
• Requests for admission — written statements the other side must admit or deny
• Depositions — sworn out-of-court testimony where witnesses answer questions in front of a court reporter

As the injured plaintiff, you will almost certainly be deposed at some point during discovery. Your attorney will spend significant time preparing you for it. Your job during discovery is to be truthful, keep your attorney updated on any changes in your medical treatment, and preserve any relevant evidence (medical records, receipts, photos, phone records).

4. Expert Witnesses and Case Development (Overlaps with Discovery)

In serious personal injury cases, your attorney will work with expert witnesses to build the value of your case. Depending on the facts, these experts may include:

• Accident reconstruction engineers
• Treating physicians and specialists
• Life-care planners for future medical needs
• Vocational experts for lost earning capacity
• Economists for financial loss calculations
• Biomechanical engineers

The cost of these experts can run into tens of thousands of dollars. If your attorney works on contingency (as ours do), the firm typically fronts these costs and is reimbursed only if the case succeeds.

5. Pre-Trial Motions (Late Discovery Through Trial Prep)

Before trial, both sides file pre-trial motions asking the court to make rulings on various legal and evidentiary issues. Common motions include:

• Motions to dismiss — asking the court to throw out all or part of the case
• Motions for summary judgment — asking the court to rule in a party’s favor without a trial because there are no genuine factual disputes
• Motions in limine — asking the court to exclude certain evidence from trial

Your attorney handles all of this on your behalf. Most of these motions are argued at a hearing before the trial judge.

6. Mediation and Settlement Negotiations (Anytime, But Usually Before Trial)

Here’s a statistic that surprises most first-time plaintiffs: more than 95% of personal injury cases settle before trial. Most of those settlements happen at or after mediation — a formal but confidential settlement conference facilitated by a neutral third party (often a retired judge or an experienced attorney).

Mediation is not binding. If the parties can’t agree, the case simply continues toward trial. But a well-prepared mediation session, backed by the credible threat of a jury verdict, is where most cases resolve.

Your attorney negotiates on your behalf, but no settlement is accepted without your written approval. You always have the final say.

7. Trial (2 Days to 3 Weeks)

If mediation fails, the case proceeds to trial. Personal injury trials typically last anywhere from a few days to several weeks depending on complexity. The trial follows a familiar sequence:

• Jury selection (in jury cases)
• Opening statements from each side
• Plaintiff’s case-in-chief (your side goes first — testimony, exhibits, experts)
• Defendant’s case-in-chief
• Closing arguments
• Jury deliberation and verdict (or judge’s decision in a bench trial)

As the plaintiff, you’ll usually attend the entire trial and testify at some point. Your attorney will prepare you thoroughly.

8. Post-Trial Motions and Appeals (Months to Years)

After a verdict, either party may file post-trial motions — for example, asking the court to reduce the verdict, order a new trial, or set aside the verdict on legal grounds. If those motions are denied, the losing party may file an appeal to a higher court.

Appeals can add another one to three years to the process. This is why the timeline can stretch — the litigation isn’t over the day the jury announces a verdict.

9. Enforcement of Judgment (If Necessary)

If you win at trial and the defendant doesn’t voluntarily pay, your attorney takes steps to enforce the judgment — which can include garnishing wages, placing liens on property, or pursuing insurance proceeds. In most personal injury cases, an insurance company pays the verdict promptly to avoid additional interest and collection costs.

How the Process Differs Across Louisiana, Alabama, and Georgia

Personal injury litigation follows the same general structure in every state, but our three jurisdictions have important differences worth knowing:

Louisiana

Louisiana was long known for its Direct Action Statute, which let an injured party sue the at-fault driver’s insurer directly. That changed on August 1, 2024. Under the revised La. R.S. 22:1269, an injured party generally has no right of direct action against the insurer, subject to narrow exceptions — among them the insured’s bankruptcy or insolvency, failed service or a defendant who will not defend within 180 days, uninsured motorist claims, a deceased insured, and coverage disputes. Louisiana does still use pure comparative fault, so a plaintiff who is partially at fault can recover a proportionally reduced amount.

Alabama

Alabama uses contributory negligence, which bars recovery entirely if the plaintiff is found even 1% at fault. This makes early investigation and defense against fault-shifting arguments especially important. Alabama also uses a bifurcated punitive damages procedure in many cases.

Georgia

Georgia uses modified comparative fault with a 50% bar (you cannot recover if you’re 50% or more at fault) and applies apportionment rules that require the jury to assign a percentage of fault to every party — including non-parties in some cases.

Your attorney will build strategy around these state-specific rules from day one.

What You Pay Along the Way (Almost Certainly: Nothing)

At Maples, Connick & Brendel, we handle personal injury cases on a contingency fee basis. That means:

• No hourly fees, ever.
• No upfront costs. We advance filing fees, deposition costs, expert witness fees, and every other litigation expense.
• We are paid only if we recover for you. Our fee is a percentage of the recovery. If there is no recovery, you owe nothing.

That structure aligns our incentives with yours. We only get paid when you get paid.

Frequently Asked Questions

Ready to Talk to an Attorney?

If you’ve been seriously injured or are considering filing a personal injury lawsuit in Louisiana, Alabama, or Georgia, contact Maples, Connick & Brendel for a free, confidential case review. Our trial attorneys have secured multi-million-dollar verdicts and settlements for injured clients across the Gulf South.

Call 504-269-3870 or reach out through our contact page. There is no fee unless we recover for you.