Understanding the Personal Injury Process

Navigating the personal injury process can be complex. At Draugelis & Draugelis, PLLC, we guide you through each step, from pre-litigation to litigation, ensuring you understand your rights and options. Our experienced attorneys are here to support you every step of the way.
Navigate the Process

Step by step

Time From Filing Phase Key Events / Tasks Strategic Notes
Day 0 Complaint Filed File complaint, pay filing fee, case assigned to judge, summons issued Start damages documentation immediately
0–91 Days Service of Process Serve defendants, file proofs of service, extend summons if needed Early settlement rarely occurs before answer
21–28 Days After Service Defendant Response Answer filed, affirmative defenses raised, possible early motions Review defenses carefully for summary disposition themes
Month 1–3 Scheduling Order Entered Court sets discovery cutoff, case evaluation date, motion deadlines, trial window This order effectively becomes the roadmap of the case, very often adjourned so parties may continue discovery.
Month 2–18 Discovery Begins Interrogatories, requests to produce, medical authorizations, employment records, depositions Push aggressively — delays here compress later strategy
Month 3–12 Medical & Damages Development Gather medical records, bills, wage loss proofs, replacement services, attendant care (PIP), imaging Case value is built during this phase
Month 4–10 Plaintiff Deposition Defense examines plaintiff on liability, injuries, prior history One of the biggest value-shaping events
Month 6–14 IME / Defense Medical Exams Defense-selected physicians evaluate plaintiff Often triggers facilitation discussions
Month 8–16 Fact Witness Depositions Eyewitnesses, family members, employers Lock in liability narratives
Month 10–18 Expert Discovery Treaters, retained experts, vocational/economic experts, accident reconstruction Experts often determine trial viability
Month 18 Discovery Cutoff Final supplements, resolve outstanding discovery disputes Courts increasingly enforce this strictly
Month 16–20 Case Evaluation (MCR 2.403) Submit summaries, attend hearing, accept/reject within 28 days Many Michigan PI cases settle shortly after
Month 16–22 Facilitation / Mediation Court-ordered or voluntary ADR Most productive after depositions + IMEs
Month 18–22 Dispositive Motions Summary disposition on threshold injury, causation, damages, etc. Can eliminate or drastically narrow claims
Month 20–23 Trial Preparation Witness lists, exhibit lists, motions in limine, jury instructions, trial briefs Settlement risk peaks here
Month 22–24 Trial Jury selection → verdict Typically scheduled within the 2-year target
Post-Trial Wrap-Up Judgment, post-trial motions, costs, appeals, collection Evaluate appellate exposure immediately

  • What is Pre-Litigation?

    Pre-litigation involves gathering evidence, assessing damages, and negotiating with insurance companies before filing a lawsuit. This stage is crucial for building a strong case.

  • When Should I File a Lawsuit?

    If negotiations fail or the insurance company does not offer a fair settlement, filing a lawsuit may be necessary. This step initiates the formal litigation process.

  • What Happens During Litigation?

    Litigation involves several stages, including discovery, pre-trial motions, and potentially a trial. Each phase is designed to present your case effectively.

  • How Long Does the Process Take?

    The duration of the personal injury process varies based on case complexity. While some cases settle quickly, others may take months or even years.

  • What Should I Expect After a Verdict?

    After a verdict, you may receive compensation or face an appeal. Understanding the next steps is essential for moving forward.

Your Path to Justice

At Draugelis & Draugelis, PLLC, we are committed to helping you navigate the personal injury process with clarity and confidence. Our team is dedicated to fighting for your rights and ensuring you receive the compensation you deserve.