We all suffer from personal damages at some point in time. While many of us do not have any idea what to do about it, there are many who want to take the legal route but do not know how the lawsuit works. Before you file a lawsuit, it is important to understand the process and its functioning. A lawsuit will begin when you file a Petition for Damages. This petition will be your first step towards the lawsuit and it will lay out all the facts of the specific incident that has given rise to the lawsuit. It will also lay out details about the injuries or damages suffered by you.
Once you file the petition, a formal notice will be served on the defendant whether they are a company or an individual and the defendant will have to reply to the notice. It is known as an Answer to the Petition and the defendant will be required to adhere to the laws and give a reply to the notice. It is basically a response to the allegations which have been raised in the petition in order for the lawsuit to be initiated.
After the defendant files an answer and responds to the allegations, the next step is the written discovery. This is the state where interrogatories coms into play and they have written questions that every side will send the opposite side to be answered under the oath. It is a simple form of sworn testimony in the legal case. These questions will be answered and will be signed with a sworn statement which states that they are correct. Alternatively, a form of written discovery is also the production of documents. Here it is important to request for the production of documents and the opponent will have to produce the same documents that are relevant to the case. The Lana Del Rey lawsuit is the best example of how a lawsuit works.
In cases of personal injury, a lot of times the defendant will ask for all the medical records as well as medical bills and employment history. Here it will be important to seek the documents in order to establish the incident. The plaintiff will seek documents from the defendant relative to their educational experience, training, and other relevant things required in the lawsuit. The third form of written discovery is a request for admission. It is sending a request to the opposition that they admit the stated facts. If the facts are agreed and admitted, there will no longer be a controversy.
When both the sides have concluded their written discovery, the next step will be depositions. It happens where the parties sit in a conference room with a court reporter present. At times, the depositions are videotaped and the attorney can ask the witness or the party questions under an oath. It is basically a question-answer format where you give answers to specific questions which are solely related to the claim that you made in the lawsuit. Once the deposition is complete, both the parties will have the opportunity to evaluate their position, the witnesses and the documents that have been exchanged since the beginning of the case.
This stage is followed by expert discovery. An expert in the given case can be a doctor or a life care planner or an accident reconstructionist. Based on what the lawsuit is about and how it has been filed, there could be about 5 or 10 experts in the case. It can help determine the opinion of the experts and allow a final call on it.
There is an attempt of the settlement of the case through mediation. It happens when the parties sit down with the third party and they make an attempt to resolve the case. There will be a demand and the defendant will extend an offer. If both the parties agree, the case will be resolved. This is an attempt to resolve the case on mutually agreeable terms. Now if the case still remains unresolved, the parties then move to trial.
The process of the lawsuit is tedious and complex. This is why it is important to have the right attorneys by your side. Irrespective of the type of injury you have faced, you need to carefully choose a lawyer who has experience in the industry and has dealt with similar cases in the past. Choosing the right lawyer can help you ensure that the case is in your favor.