If you’re planning on filing a lawsuit for a personal injury, your lawyer will advise you on how the case is likely to proceed. Most lawsuits go through a complaint, motions, answers, discovery, and a trial. At any point during that process, there is the potential for a settlement to be reached. If, however, that doesn’t happen and the case proceeds to trial, a judge or jury will make an official determination.
Sometimes, the defendant may try to convince the court to dismiss your claim. This can be done with or without prejudice. With prejudice means you cannot refile your claim, while without prejudice means you will have the opportunity to file at a later date. There’s also the possibility the court could dismiss your claim on its own volition. Either way, you’ll want to have an idea of what your options are in the event your lawsuit is dismissed.