The Lawsuit Process:
Complaint and Answer
The process begins with a complaint. This is a document sent to the individual being sued. It provides the general details concerning the injuries an accident victim experienced as well as the extent of their loss. This document will be filed with the county where the accident took place. The defendant’s attorney must provide answers to the complaint within 30 days. A defendant will either admit or deny the allegations in the complaint.
Discovery
During this part of the process both sides to the lawsuit work to obtain documents, testimony, and information to prove their case. Written questions are known as interrogatories. There could be a request for various documents between both sides. Oral discovery is known as depositions. Experts, witnesses and more can be subject to a deposition.
Motions
There are a number of different motions the defendant’s and the plaintiff’s attorney can file with the court. These motions can be for the Court to dismiss the entire case or for the court to rule the Plaintiff was not at fault. There can also be a motion to dismiss various aspects of the plaintiff’s case and more. There are situations where a judge will hold a hearing to consider the position of each side in the argument.
Mediation
This is a form of dispute resolution. It is often agreed to by both sides sometimes pre-suit and sometimes after litigation has been ongoing. This will involve the defendant, plaintiff, their attorneys as well as a neutral mediator. Both sides will attempt to negotiate a settlement with guidance from a mediator.
Trial
A trial will consist of the jury selection, opening statements, witness testimony, cross-examination, and jury instruction. The jury will then deliberate and provide a verdict.