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Timeline of Filing a Personal Injury Lawsuit

If you have been injured in an accident caused by another person’s negligence, you may be considering filing a personal injury lawsuit. Though every case is unique, there are some core elements that will likely be involved. Below, we outline the process for you so that you will be ready to take on your personal injury lawsuit with assurance.

If you were injured in an accident caused by another person’s negligence, it is crucial that you get into contact with a Baton Rouge personal injury lawyer. Our attorneys at Simien & Simien can help you through the entire legal process. We can explain the timeline, necessary evidence and the investigation process and what you need to know from start to finish.

Hiring a Personal Injury Lawyer

After the accident, the victim will need time to recover. However, during this period, it is vital to find a lawyer that is a good fit for the case. You need an experienced lawyer, particularly one that has been successful with cases similar to yours. You should also find a lawyer who works on contingency, meaning there are no attorney fees unless you are compensated by the end of the insurance claims or legal process.

The attorneys at Simien & Simien offer free, no-risk consultations to discuss accident victims’ legal options. During a standard consultation, the lawyer will ask relevant questions and create a legal strategy based on the particular circumstances surrounding the case. It will up to you as to whether you move forward with legal action.

Investigating the Case

After the lawyer completes your case evaluation, if you want to take legal action, he or she will start investigating the accident. Your lawyer will inspect the scene, gather evidence and determine who is liable. Evidence could include photos, video surveillance, statistical data, data about weather patterns and witness statements. Your lawyer can also hire other professionals to test evidence and further investigate the case.

Your lawyer can also work with the attending physician to easily access medical records and understand the injuries’ impact on the victim.

With this evidence, your legal professional can calculate damages and determine the compensation range for this unique situation.

Your attorney can work through the case while you are still in the hospital or undergoing treatment.

The Discovery Process

The discovery process is when the two opposing parties exchange evidence. The lawyer will send a list of questions for the defendant to answer under oath. This process may involve the following steps:

  • Undergoing a physical examination for the purposes of litigation
  • Answering questions and responding to interrogatories and requests for admissions
  • Providing documentation and other evidence
  • Requesting documentation and evidence from other sources through the use of subpoenas
  • Taking a deposition
  • Consulting with experts to reconstruct the accident

This process may take between a few months to a year to complete.

The Negotiation Stage

Often the last stage in a lawsuit is the negotiation between the two parties. This is where the lawyer will work with the insurance carrier or defendant directly to determine a fair amount of compensation for the victim. Your lawyer will diligently pursue the most compensation possible in this stage. Some lawyers engage in mediation to resolve the disputes between the two parties.


If negotiations or mediation fails, the case will progress to a trial. This will consist of:

  • Presentation of facts and opinions of expert witnesses
  • Testimony from both sides
  • Cross examination by both sides

If a trial is necessary, our lawyers at Simien & Simien will be committed to aggressively pursuing full compensation for your injuries and other losses.

Reach Out to a Qualified Lawyer for Help

After suffering an injury, you could greatly benefit from having the support of a licensed attorney. Our experienced lawyers are here to help you understand the different aspects of your case, from the insurance claims process to what happens if your case goes to court. Our lawyers will explain liability and why the responsible party owes you compensation to help you recover. Our firm can answer your questions and detail the process of the lawsuit that you can expect.

We offer a free case evaluation to determine the facts about your claim. We do not get paid unless we are successful in settlement negotiations or in a trial, so there is no risk to you in contacting us to determine how we can assist with your claim.

Call us today at (800) 374-8422 to set up your free consultation.