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You become the plaintiff in the case and the person who injured you becomes
the defendant. Lawyers for each side (and for the insurer) typically begin gathering facts
through exchange of documents, written questions (interrogatories) or depositions
(questions that are asked in person and answered under oath). This process is called
discovery. After discovery, many cases get settled before trial. Only a small percentage of
personal injury actions ever go to trial. Of the cases that do go to trial, most plaintiffs ask
for a jury to hear their case, but personal injury actions can be decided by judges as well.
That is known as a bench trial, as opposed to a jury trial.