Step by Step: Understand a Personal Injury Case from Start to Finish

February 11, 2019 | Ed Bernstein
Step by Step: Understand a Personal Injury Case from Start to Finish

The majority of people who file a personal injury case have never been involved in this type of litigation before. Which means they don't know what to expect from the process. Each and every case is different. However, here are the basic steps that are followed by a good attorney in a personal injury lawsuit.

The Consultation

The first step is to have a consultation with a Las Vegas personal injury attorney. This is your opportunity to interview the attorney and find out more about them. You can and should ask a lot of questions, including what their educational background is, what experience they have handling personal injury cases and what outcome they expect with your case. This is also the attorneys' opportunity to learn more about you and your case. They learn more about the facts surrounding your case and determine if they think you have a case that can be won. If you both decide to work together, you can move forward and hire them to be your lawyer.

Filing the Case

Filing the CaseOnce you hire a personal injury lawyer, the next step is to file the case. Most lawyers file the case as quickly as possible. This helps to preserve the statute of limitations. You have a limited amount of time to file a case, and if you fail to file before that timeline, you may be barred from bringing your case to court. This is why it is so important to file early on, even if the case is not yet concluded or ready to go before a judge. Your attorney will determine who to include in the filing and bring the suit against all involved and relevant parties.

The Discovery Process

The part of the personal injury case that tends to take the longest is the discovery process and is conducted by both your attorney and defense attorneys on the other side. Both sides have the right to gather evidence, speak to witnesses, obtain medical reports and talk to witnesses. Basically, this process allows both parties to build their case and learn the truth about who may have been at fault and why. Your attorney will work hard to show why the other party was at fault and what injuries you may have suffered as a result of the accident or negligence.

Settling the Case

Settling the CaseOnce the discovery process is complete, your attorney will likely attempt to settle your personal injury case. The majority of personal injury cases settle, rather than go to trial. Your lawyer will discuss what they have learned during the discovery process with the other attorney and work to come to an agreement as to how much money your case is worth. Settling is usually faster and less expensive than going to trial. Additionally, both parties have a say in the outcome, something that doesn't happen when you go to trial. If both parties come to an agreement, a settlement agreement is signed and your case is closed.

Taking the Case to Trial

If you and the other party can't reach a settlement, the case heads to trial. This means that both sides go before a judge and/or jury. Both parties present their side and their evidence. Your attorney will show why they feel the other party is at fault and why you should be awarded the amount of money you are seeking. The other party will work to refute the evidence your attorney presents and show that their client is not guilty or you should not be awarded money. At the end of the trial, a judge or jury will determine the outcome and whether you will be given an award.


If you have been injured in Clark County, Nevada due to someone else's actions or negligence, you may be able to file a personal injury claim. It is always recommended that you hire a qualified, experienced personal injury attorney to help you with your case. At Edward Bernstein & Associates, we would love the opportunity to assist you so contact us or give us a call today to schedule a free initial consultation.


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.