It is likely that your personal injury claim will reach a negotiated settlement, so a lawsuit is never filed.
If the case cannot be resolved, however, you have the option of filing a lawsuit and your attorney will explain the steps in the legal process. This is what happens when you file a lawsuit:
Your attorney will prepare a Complaint, a legal document that lays out your claims and secures it on the site.
The Defendant will have to file an Answer that says what portions of the Complaint, if any, the defendant admits to, what the Defendant contests, what defenses the Defendant may have, and whether the Defendant has claims against you or any other party. If the Defendant doesn’t answer the Complaint, the court may enter a default judgment against the Defendant.
Your attorney will then exchange documents and other information about the issues relevant to the lawsuit, in a process called Discovery. Discovery can take three forms: written questions which must be answered under oath; document production; and Depositions, which are formally transcribed and sworn statements taken in front of a court reporter.
Sometimes, it is at this point that the case can be resolved in a pre-trial settlement. In that case, the settlement agreement resolves all issues and the court is either not involved or is involved only informally. If the parties do not reach an agreement the case will go to trial.