Lawsuit Steps

There are hundreds of thousands of lawsuits filed each year. These lawsuits range from personal injury, civil, mass tort, business, workers compensation and dozens of others. The lawsuit process is fairly similar in all these cases; however there are instances when they are not as clear cut.

To understand the lawsuit process is to understand a lawsuit. A lawsuit is simply and legal action taken by a person or entity over another person or entity. The plaintiff in the case is the party taken action, and the defendant is the party that the action is against.

The steps of a lawsuit begins with a demand. A demand’s main objective is to get a response from the defendant. If the attorney doesn’t receive a response from the defendant, he or she will make a formal demand through a letter. This is commonly referred to as a “demand letter.”

Settlement discussions will involve the lawyers on both sides. The two sides may negotiate a settlement on their own or hire a mediator that is unbiased to either side. While most cases are settled out of the courtroom, if a settlement can’t be reached, a formal lawsuit will follow. At this time the defendant will be served with the lawsuit and must make a formal answer within a specific time frame. If an answer isn’t received within this time frame, the defense will automatically lose the case.

During every lawsuit there is a process called discovery. The discovery process gives each side time to get evidence on the case. The evidence may include specific reports or documents on the incident, testimonies from witnesses, expert witness reports and other related information that would be beneficial to make a case.

After the discovery phase either party may file motions. There are numerous motions that each party may file. For instance, the defense may file a motion to dismiss or the plaintiff may file a motion in hopes of persuading the courts to make a decision in the case without a trial. This is because there is enough evidence for a judge to rule in favor for the plaintiff.

If the case heads to a trial hearing there is still a chance a settlement will be reached before the trial. Before a trial the two sides will meet to discuss the issues in the hopes of reaching an agreement. If an agreement is not made during this meeting, the case will go to trial.

The trial is the venue which will determine the winner. A trial may come in front of a judge or jury. During this trial both sides will be given the opportunity to make an argument for their side. They will discuss the case, present evidence and call witnesses when necessary. When a trial is completed a verdict is handed down, either side may file post trial motions and appeal the case. If the loser in the suit is successful during the appeals process, a new trial date will be granted.

For additional information on the lawsuit process and steps, you should contact an attorney. For information on the lawsuit funding process, contact LawLeaf.

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