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Many cases are settled through negotiations with the insurance company before a lawsuit is filed. In some cases, however, it is necessary to file a lawsuit in order get fair compensation. If a lawsuit needs to be filed in your case, the following is a general overview of what you can expect. Every case is different, however, so your lawyer will provide you with more specific information as your lawsuit proceeds.
Generally, there are two parties to a lawsuit, the plaintiff (the person who has been injured) and the defendant (the person who caused the injuries). A lawsuit is started when the plaintiff files a “Summons” and a “Complaint” with the Circuit Court, and has a sheriff or other process server formally deliver these documents on the defendant. The defendant then must file a formal written Answer to the Complaint with the Circuit Court. Normally, this must be filed within 20 days after the defendant is served, but some statutes provide different deadlines.
Once an Answer has been filed, the lawsuit enters the “discovery” phase. As the name implies, the parties use this time to discover what the other side is claiming. The defense attorney will try to find out as much as possible about the plaintiff and the true nature and extent of the plaintiff's injuries; the plaintiff's attorney will try to learn why the defendant claims the injuries were not his/her fault or are not as significant as the plaintiff claims.
Discovery can be done in a variety of ways. The parties can serve formal written questions called “Interrogatories” on each other. These must be answered in writing, under oath, within 30 days. The parties may also take “depositions”. A deposition is a question and answer session in which the attorneys place a witness under oath, and ask the witness questions in the presence of a court reporter who records all of the testimony that is given. The parties may file “Requests for Production of Documents”, which require the opposing party to produce whatever written materials are requested. These requests can be used collect medical records; employment records; tax returns and records; photographs and video tapes; statements; and any other documents or materials relevant to the case.
Throughout the discovery process, the attorneys evaluate the strengths and weaknesses of both sides of the case. When the discovery process has been completed, most Courts require the parties to go through mediation in an effort to settle the case.
If the case is not settled, there will be a trial before a Judge and, in most cases, a jury. At trial, each side has the opportunity to present its case through the use of photographs, video tapes, written evidence, and the testimony of live witnesses. The Judge, or the jury, then decides all of the questions raised by the case. These might include who was responsible for causing the accident, and what amounts of money would fairly compensate the plaintiff for past and future health care expenses, past and future lost wages, past and future pain, suffering, disability and disfigurement. In most cases, the decisions by the Judge and jury bring the case to an end.
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