How does the litigation process work?

If we are unable to settle your case we will file a lawsuit on your behalf. Litigation begins when the complaint is filed and defendants are served with a summons and complaint. A complaint is a legal document that summarizes the plaintiff’s (injured person’s) claims against the defendants. Each defendant is then required to file an Answer to the Complaint, wherein the defendant admits or denies the facts alleged in the Complaint.

The next step in the litigation process is called “discovery”. During discovery, both sides use formal Court procedures to obtain information from each other. These procedures include written questions, or interrogatories. Witnesses may also be placed under oath and asked questions before a Court Reporter, who transcribes the interview in what is called a "deposition".

After both sides have completed their discovery, they are ready to try their case before a jury. Prior to doing this, however, the parties typically engage in a formal attempt to settle the case, called mediation. We find that if a case is well prepared, most cases will settle at this stage without the necessity of proceeding to trial.