09/23/2026
If settlement negotiations fail, your attorney may recommend filing a personal injury lawsuit.
Filing a lawsuit does not automatically mean your case will go to trial. In fact, most cases settle after litigation begins. However, filing a suit allows your attorney to continue pursuing compensation through the court system.
At this stage, you can expect a separate series of steps, including:
- Filing a formal complaint outlining the facts of the case and the compensation requested
- Serving the defendant with notice of the lawsuit
- Receiving the defendant’s response
- Conducting discovery, during which both sides exchange information, documents, and evidence
As both parties learn more about the strengths and weaknesses of the case, additional settlement discussions often take place and a resolution may even occur.