If A Lawsuit Is Filed How Will The Case Proceed

Brien Roche

I am often asked how a lawsuit will proceed once it is filed. There is a process that will be followed.

If A Lawsuit Is Filed How Will The Case Proceed-Discovery Phase

After suit is filed there may be some motions filed by the defendant. Most of those motions are to ask the court to order some changes to the papers filed beginning the suit. Most of those motions are denied.

Both sides have the right to engage in the process known as “discovery”. That process includes each side sending each other written questions that have to be answered. They may also request the other side produce documents in their possession. In addition they may take oral statements of the other parties and their witnesses. These statements are called depositions. They are designed to find out what those other persons know about the case. In addition this is a chance to size up the parties and witnesses. In other words to assess how they present themselves.

Insurers have a cadre of doctors that they pay to examine injured persons. Under the rules of the court they are allowed to pick a doctor of their choosing for the purpose of having an injured person examined. Furthermore that doctor may testify at trial.

If A Lawsuit Is Filed How Will The Case Proceed-Trial Phase

The trial itself may not take place for months after the suit is filed. How quickly a case proceeds to trial depends upon where the suit is pending. The trial may be conducted either in front of a Judge alone or in front of a jury. Either party has a right to a jury trial. Finally at the end of the presentation of all of the evidence in the case, the Judge or jury will decide the case.

If A Lawsuit Is Filed How Will The Case Proceed-Expert Testimony

In many tort claims you may need to present expert testimony. This is true in personal injury, medical malpractice or legal malpractice claims. In medical malpractice claims you need to present an expert from the field where the other party practices. This expert will state what the standard of care is for that person being sued. The standard of care is what you say should have done. In addition the expert will state that the failure to comply with the standard of care was in fact a cause of the injury. In personal injury claims, the expert will in most cases be a medical doctor who testifies that the Plaintiff suffered certain injuries. Furthermore the doctor will state that the treatment was reasonable and needed as a result of the fault of the other party. Also the doctor will address whether there is any permanent injury.

If A Lawsuit Is Filed How Will The Case Proceed-Contact a Personal Injury Attorney

Legal answers provided by Brien Roche, a personal injury attorney with over 40 years of trial experience. Contact Us today to discuss your personal injury matter.