Personal injury 101 — what to expect.

This guide was written by our PI team based on the 200+ matters we handle each year. Updated April 2025. It’s a generalised overview — the specifics of your matter depend on the facts and applicable state law.

Stage 1: Intake

The intake conversation is usually the consultation itself. We’ll ask about the incident, your injuries, your treatment so far, the parties potentially at fault, your employment + earnings, and any other communications you’ve had (insurance adjusters, opposing counsel, social-media posts about the incident).

By the end of the consultation we’ll be able to say: (a) whether the matter looks viable, (b) the rough timeline, (c) the realistic range of outcomes if any, and (d) whether and how we’d proceed. About 30% of consultations end with us declining the matter — usually because liability is contested, damages are limited, or the matter is outside our practices.

Stage 2: Investigation + treatment

If we take the matter, we’ll send a representation letter to all known insurers and adverse parties. From that point, all communications go through us — you should never speak directly to the other side’s adjuster or attorney.

The first 30–60 days are typically investigation: scene visits, witness interviews, securing video footage, retrieving medical records, and identifying every potentially responsible party. In parallel, you’ll be receiving medical treatment for your injuries; we coordinate with your providers but don’t direct your care.

Investigation costs (records, experts, court fees) are typically advanced by the firm and reimbursed from any recovery. If the matter doesn’t result in a recovery, you usually owe nothing — but check your fee agreement; some firms recover costs separately. (We don’t.)

Stage 3: Demand + negotiation

Once your treatment is mostly complete — you’ve reached “maximum medical improvement” (MMI) or your treating providers can articulate your long-term needs — we’re ready to send a demand letter to the other side’s insurer. The demand sets out liability, damages, and a settlement number with supporting documentation.

Most insurers respond within 30–60 days, often with a counter-offer. Negotiation typically takes 1–3 rounds. About 60% of matters resolve at this stage without filing a lawsuit. If the offer is fair, we recommend acceptance; if not, we file.

Stage 4: Filing + discovery

If we file, the case enters litigation. Both sides exchange written discovery (interrogatories, document requests), and we conduct depositions of key witnesses, treating providers, and experts. Discovery typically takes 6–12 months.

Most cases settle during or at the end of discovery, often at mediation. Mediation is a structured negotiation with a neutral mediator; about 75% of mediations result in settlement. If mediation doesn’t resolve the case, we proceed to trial.

Stage 5: Trial

Trials in PI cases typically run 3–10 trial days. Most settle on the courthouse steps or shortly before, but we prepare every case as if it’s going to a verdict. Insurers know we try cases — that knowledge is often what produces a fair settlement without ever needing the verdict.

If we go to verdict, we’ll know within hours whether we’ve won or lost. Post-trial motions and any appeal can extend the timeline another 6–18 months.

What affects case value?

• Liability clarity. Cases where the other side is clearly at fault are worth more than cases with contested or shared liability.
• Damages magnitude. Medical expenses, lost earnings, future earning-capacity loss, lifecare needs, pain and suffering. Catastrophic cases are worth substantially more because lifecare needs are larger.
• Insurance limits. The other party’s policy limits often cap practical recovery, regardless of damages. Personal-asset collection from individual defendants is rare in practice.
• Venue. The state and county the case is filed in materially affects jury behaviour and statutory caps. Some venues are notoriously plaintiff-friendly; others are defence-leaning.
• Plaintiff likability + credibility. Juries make liability-and-damages decisions partially on whether they trust the plaintiff. Inconsistent statements, social-media posts at odds with claimed injuries, and prior litigation history all reduce case value.

Realistic timeline

For most PI cases: 8–14 months from intake to recovery. Catastrophic injury and medical-malpractice cases run 18–36 months. We’ll always tell you the realistic timeline at intake — not a sales-pitch number.

Have a personal-injury matter? Free consultation — 30–60 minutes with one of our PI attorneys. No obligation, no fee, no pressure.