Before you plan to sue someone, you must keep certain pros and cons in your mind. Having proper analysis of your case and knowing its probable outcome are two quintessential stages of a lawsuit before approaching the courts. Getting your case evaluated from an experienced attorney will help you understand your position and demands in that particular matter.
Filing a lawsuit can be expensive and time-consuming. If you have other bills to pay alongside the litigation cost, it would be tough for you to manage it as lawsuits demand a high and regular expense for its success. In this article, you will understand what happens once you file a lawsuit:
1. Filing of the suit in court
2. Discovery
3. Pre-trial motion and Settlement talks between the parties
4. Trial
5. Judgment and its execution
Now, let us see all these steps in brief: –
Stages Of A Lawsuit: FILING OF LAWSUIT
If you do not want to negotiate, compromise and the other party denies responsibility, the best remedy you have is to file a lawsuit. For this you need to file your complaint in the form of a document before an appropriate court having jurisdiction to entertain your case. Your lawyer prepares the document after taking a brief from you about the case and the document contains causes of action and compensation you are seeking from the other party.
DISCOVERY
Discovery is the evidence and facts gathering stage, wherein you are allowed to collect and assemble all relevant documents or things that help you present your case. Your medical records, any security camera footage, and police complaints are considered as evidence. This stage also involves depositions of witnesses of both the parties.
PRE-TRIAL MOTIONS AND SETTLEMENT TALKS BETWEEN THE PARTIES
It includes a motion for summary judgment, motion to dismiss, motion for interim reliefs etc. Under this stage, the judge can pass a judgment after looking into the concise facts of the case and the law and this does not require much involvement of the parties. Even at this stage, the parties can mutually agree to settle their dispute outside the court.
TRIAL
During this stage, the judge considers both the parties’ case and prepares relevant issues to be addressed to resolve the matter. Then the plaintiff (person who files the suit) is made to present his case and examine his witness on record. The same process is also followed by the defendant side (party against whom the suit is filed). Presenting evidence ends with a closing statement delivered by both parties.
JUDGMENT
This is the last stage of any lawsuit. Herein the judge gives his dictum and observation over the argued case. This is a reasoned order meaning that the judge explicitly states his reasoning for passing such order/ judgment. If not satisfied with the judgment, parties are allowed to appeal before the higher courts.
CONCLUSION
As we discussed, if you’re loved one (s) have suffered a wrongful death, reach out to me for free case evaluation or to answer any questions you may have.