How a Lawsuit Works

Investigation Before a Lawsuit is Filed

Lawsuits should be based on a solid factual and legal foundation. A lawsuit can take a year or more to complete and consumes time and expenses We believe that before filing a lawsuit a thorough investigation of all available facts should be undertaken.

Filing a Lawsuit

The person who has been injured and/or who files the lawsuit is called the Plaintiff. The person who caused the harm and who the lawsuit is filed against is the Defendant. The Plaintiff and Defendant are called parties to the lawsuit. To begin a lawsuit a document is prepared which describes what the conflict/or dispute is about. This is called the Complaint. The Complaint is filed with the clerk of the Court and a copy is sent to the Defendant. The Defendant after receiving and reviewing the Complaint, responds by filing a document called an Answer.

Discovery

The next stage of the lawsuit is called Discovery. Both sides work to uncover facts, concerning the conflict. During discovery, written questions called Interrogatories can be submitted to each side. Depositions or oral statements or interviews under oath may also be taken of persons involved. Documents may be requested from either party in a document called a Request for Production. The Discovery stage can last from several months to a year or more depending on the complexity of the case.

During the Discovery stage the judge will meet with both sides, in a Pretrial Conference, to discuss the progress of the case and discuss any problems/conflicts. There may be several of these over the course of the case.

Settlement Negotiation

After the Discovery is complete settlement negotiations may occur. Settlement discussions may take place at any stage but more often happen after discovery is complete. Parties may attempt to agree on a settlement amount or may agree to mediate the case. Mediation is when both sides hire a neutral person usually an attorney who will help the parties negotiate a settlement. If the parties cannot reach an agreement to resolve the dispute then the case goes to the next stage, trial.

Trial

At trial the parties are represented by and speak through their attorneys. The phases of a trial are Voir Dire (jury selection) Opening Statement (preview of the evidence each side expects to present through witnesses or documents), Case in Chief (the plaintiff goes first and calls witness to testify then the Defendant calls his or her witnesses) and Closing Argument (each side summarizes the evidence presented during the trial and makes arguments why the evidence supports their position). The judge then instructs the jury as to the law they are to apply in this case. The jurors then decide the dispute, who should win and the amount of any money that should be awarded (the Verdict). In order to win a verdict, the Plaintiff must convince a majority of the jurors, or six out of eight. If either side believes mistakes were made during the trial which affected the outcome then they can Appeal the verdict.

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