From Accident to Compensation: The 7 Key Steps of a Personal Injury Lawsuit
Getting hurt in an accident is hard enough—figuring out how to pay for medical treatment shouldn’t make it worse. From ambulance rides to therapy sessions, the costs add up fast. And if your insurance doesn’t cover everything, or you don’t have any at all, the stress can be overwhelming.
That’s where
Best Call Funding comes in. We help injured victims access fast, risk-free cash advances to cover their medical needs while their legal case moves forward. This article breaks down your real-world options for funding medical treatment—and how we can be part of the solution.
Understanding the Costs of Post-Accident Medical Care
After an injury, dealing with the legal system can feel overwhelming. It’s slow, confusing, and full of steps most people have never faced before. You might be asking: What happens next? How long will it take? And how do I make sure I don’t get taken advantage of?
At Best Call Funding, we speak with injury victims every day who are in this exact position, trying to recover physically while also navigating a lawsuit. That’s why we created this guide. It breaks down the steps of a personal injury lawsuit in plain, simple terms so you know what to expect and how to stay in control.
Understanding the process not only reduces stress, it helps you make informed decisions, protect your rights, and avoid settling for less than you deserve.
Step 1: Get Medical Care Immediately
Your health comes first. After any accident, seek medical attention right away, even if your injuries seem minor. Some symptoms take hours or days to appear, and delaying care can make things worse.
Getting treated early also creates a clear medical record that links your injuries directly to the accident. These records are crucial evidence during your case. If you wait too long, insurance companies may argue that your injuries weren’t serious or weren’t caused by the accident at all.
Prompt medical care helps you heal and protects your legal right to fair compensation. Don’t wait. Get checked out.
Step 2: Hire a Personal Injury Attorney
After an accident, it’s easy to feel pressured—bills are coming in, you’re unable to work, and insurance companies may already be offering you a quick payout. But those early offers are rarely fair. Without legal representation, you risk settling for far less than your case is worth.
Hiring a personal injury attorney early helps protect your rights and ensures your case is handled properly from the beginning. A good lawyer knows how to gather the right evidence, deal with insurance adjusters, and calculate the full value of your injuries, including future medical costs and lost income.
You don’t need to worry about upfront legal fees. Most personal injury attorneys work on a contingency basis, meaning they only get paid if you win. That makes it easier to get help without adding more financial stress.
When choosing an attorney, look for someone with experience in cases like yours, a clear track record, and strong communication. You want someone who takes the time to listen, explains the process, and gives you honest advice.
The sooner you involve a lawyer, the stronger your case will be—and the more confident you can feel moving forward.
Step 3: Investigation and Evidence Collection
Once you’ve hired a personal injury attorney, the next step is building a strong case through detailed investigation and evidence collection. This is where your legal team gathers the facts to prove what happened, who was at fault, and how the injury has affected your life.
Your attorney will collect key materials like accident scene photos, medical records, police reports, and witness statements. They may also consult experts, such as accident reconstructionists or medical professionals, to strengthen your claim.
Your role is important here too. Keep copies of all medical bills, follow treatment plans, and avoid posting anything about the accident on social media. Be honest and thorough with your attorney—even if some details seem minor or unclear. Holding back information, even unintentionally, can weaken your case later on.
The goal of this phase is simple: gather enough clear, organized evidence to show the full impact of the accident on your health, finances, and daily life. A solid foundation of proof gives your attorney the leverage needed to negotiate a fair settlement or present your case in court if needed.
Step 4: Filing the Lawsuit
If negotiations with the insurance company stall or they refuse to offer a fair settlement, your attorney will move forward by filing a formal lawsuit. This step officially begins the legal process and shows that you're serious about pursuing full compensation.
Filing a lawsuit involves preparing and submitting a document called a complaint. This outlines your case—what happened, who’s responsible, and what damages you’re seeking. It’s filed with the court and then formally delivered to the defendant, who must respond within a set time.
This step also brings important deadlines into play. Every state has a statute of limitations, which is the legal time limit for filing a personal injury claim. In many states, it’s two years from the date of the accident, but that can vary.
If the deadline passes and you haven’t filed, you may lose the right to seek compensation completely.
Filing the lawsuit doesn’t mean your case will go to trial right away or at all. In fact, many cases still settle after this step. But it puts legal pressure on the other side to respond and keeps your case moving forward.
Step 5: The Discovery Phase
Once the lawsuit is filed, both sides enter the discovery phase. This is where your attorney and the defendant’s legal team exchange information, ask questions, and gather evidence to build their arguments. The goal is to understand the strengths and weaknesses of both sides before going to trial.
Discovery can include written questions (called interrogatories), requests for documents, and recorded interviews known as depositions. Your medical records, accident details, and even your past health history may be reviewed. In more serious cases, expert evaluations or testimony may also be needed.
This phase can take several months and is often the longest part of the lawsuit process. It requires patience, but it’s a critical step that gives your attorney the tools to fight for the best possible outcome.
Step 6: Negotiation or Mediation
Most personal injury cases never make it to trial. Instead, they’re resolved through settlement negotiations or a more formal process called mediation.
Your attorney will use everything gathered during discovery to negotiate with the insurance company or defense lawyers. They’ll present evidence, highlight your damages, and push for fair compensation.
Mediation is a meeting led by a neutral third party who helps both sides reach an agreement. You’re involved in the decision-making, but your attorney handles the discussions and advises you on what’s fair. This step can save time, stress, and legal costs while still helping you secure a strong result.
Step 7: Trial and Verdict (If Needed)
If settlement attempts fail or the insurance company refuses to offer a fair amount, your case will move to trial. This is where a judge or jury evaluates the evidence and decides whether you should be awarded compensation.
What to Expect in Court
On the first day of trial, both sides present opening statements that outline their version of events. Your attorney will explain why you deserve a particular compensation amount based on medical records, witness testimony, and expert opinions gathered during discovery. The defense will counter with their own version and challenge the strength of your evidence. Throughout the trial you and any witnesses may be called to testify under oath. Your attorney will guide you through each step, objecting to improper questions and making sure your rights are protected.
Role of Jury versus Judge
In most personal injury cases a jury of your peers determines liability and awards damages. Jurors listen to testimony, review exhibits, and apply the law as instructed by the judge. In bench trials the judge acts as the fact finder and decides both liability and the amount of compensation. Your attorney will advise which option makes the most sense for your case and may request a jury trial or agree to have a judge decide.
Possible Outcomes
- You Win: If the jury or judge finds in your favor, you will be awarded a verdict amount. This may then be subject to deductions for attorney fees, medical liens, and any pre-settlement funding repayment.
- You Lose: If the court rules against you, you receive nothing and owe no repayment on legal funding. Depending on the jurisdiction you may have the option to appeal.
- Appeal: Either side can appeal a trial court decision if there are legal grounds such as procedural errors or misapplication of the law. Appeals focus on errors in the trial record rather than re-examining factual testimony.
Going to trial can be stressful and time consuming. However it often brings the strongest leverage in negotiations. Your attorney will prepare you thoroughly so you know what to expect and can present your case confidently.
Bonus: When Legal Funding Can Help
Waiting for a fair settlement takes time, but your bills won’t wait. Rent, groceries, medical expenses, and lost income can pile up fast, especially if you’re unable to work due to your injury. This financial pressure is one of the biggest reasons people settle early for less than they deserve.
That’s where legal funding can make a difference. It gives you access to a portion of your expected settlement now, so you can stay financially stable while your attorney continues fighting for the full value of your case.
Legal funding is not a loan. There are no credit checks, no monthly payments, and no out-of-pocket costs. Most importantly, if you lose your case, you don’t have to repay the money. It’s completely risk-free.
At Best Call Funding, we help injury victims bridge the financial gap so they don’t have to settle out of desperation. Our application process is quick, and most approvals happen within 24 hours.
If you're waiting on a settlement but struggling with daily expenses, legal funding can help you stay focused on recovery, without sacrificing your future compensation.
Conclusion: Stay Informed, Stay Empowered
The legal process after an injury can take time, and it’s not always easy, but you don’t have to face it alone. Knowing the steps of a personal injury lawsuit helps you stay grounded, ask the right questions, and make decisions that protect your future.
The more informed you are, the more confident you’ll feel throughout your case. And if financial stress is making it hard to wait for a fair settlement, help is available.
Best Call Funding provides fast, risk-free legal funding so you can stay focused on recovery while your attorney fights for the compensation you deserve.
Reach out today to learn how we can support you.
FAQs
1. How long does a personal injury lawsuit take?
It depends on the complexity of your case. Some settle in a few months, but others can take over a year, especially if they go to trial. Most of the time is spent in the discovery and negotiation phases.
2. Do all personal injury cases go to trial?
No. In fact, the vast majority settle before ever reaching a courtroom. Your attorney will usually try to negotiate a fair settlement first to avoid the time and risk of trial.
3. What if the other party denies fault?
Disputes over liability are common. That’s why gathering strong evidence during the early steps of a personal injury lawsuit is critical. Your attorney will use this to build your case and challenge the denial.
4. Can I get compensation if I was partly at fault?
In many states, yes. You may still recover compensation, but your settlement might be reduced based on your level of fault. This is called comparative negligence.
5. When should I consider legal funding?
If financial stress is forcing you to settle early, legal funding can help. It provides cash now, with no repayment unless your case wins. It’s often useful during the longer steps of a personal injury lawsuit, like discovery or trial prep.