Posted December 8, 2020 | Personal Injury Blog
If you’ve been injured in an accident, you may consider filing a lawsuit, but are you worried the process is too long, complicated, and expensive? Legally, you are not required to hire a lawyer, but trying to handle it on your own can be overwhelming. And you may also end up leaving a lot of money on the table. So the attorneys at Fielding Law want to break it down for you, into the five phases of a lawsuit:
1. Preparation and filing of the complaint or petition. This includes identifying the parties or defendants and stating exactly what happened.
2. Serving the defendant. Everyone is entitled to know if they’re being sued and by whom as well as what the claim is all about. That’s called serving and the court will need proof you did it.
3. The answer or response. This is where the defendant either admits or denies the plaintiff’s claim. This response must include the defendant’s version of the events and must be presented to everyone involved as well as to the court.
4. The discovery phase. In simple terms, discovery involves all parties disclosing evidence that includes medical records, police reports, witness statements, as well as sworn statements.
5. The trial. If no settlement can be reached, the case goes to trial. The evidence is presented. The law is explained and a judge or jury will reach a final verdict. A trial can take months, even years and settlement negotiations can continue throughout the trial. If it sounds like a complex process, that’s only because it is – so don’t try to go for it alone.