Personal Injury Law- Medical Mal Practice – Going to TrialDavid Johnson May 8, 2020 0 COMMENTS
Going To Trial
The following are the steps necessary to bring the case to trial.
Pleadings are the documents parties file in court that form the basis of a lawsuit. This is intended to be general information only. Each case is unique.
Complaint or Petition – A lawsuit is filed against an opposing party by filing a document in court known as a complaint or petition. The person who brings the action is the plaintiff – you. The person against whom the action is brought is the defendant. The petition is a statement of facts alleging the names of the parties and alleging why the conduct of the defendant entitles the plaintiff to recover damages.
Summons – Once the plaintiff’s petition is filed, a “summons” is issued to be served on the defendant by an officer of the Court, usually, a Deputy Sheriff or process server, informing the defendant that suit has been filed and that a response must be made within a given period of time or a judgment will be taken against him.
Answer or Motion – The response filed by the defendant is called an Answer, which is prepared by the attorney for the defendant. Alternatively, if a defense attorney feels there is a fatal flaw with the lawsuit a motion to dismiss the complaint or to strike portions of the complaint may be filed.
Once an action is filed, both sides have a right to “discover” facts concerning the opposing party’s case. Normal discovery proceedings include written interrogatories, depositions, production of records, and sometimes medical examinations.
Interrogatories – Each side may serve written questions on the opposing party, called “interrogatories”. You are required to answer these questions within a prescribed period of time, in writing and under oath. We will serve interrogatories on the defendant on your behalf, and the defendant will serve interrogatories on you, which you must answer. Our Law Firm will assist you in preparing your answers.
Depositions – Used to learn as much as possible about the other side’s claim or defenses, a deposition collects information, under oath, that is transcribed in a statement which may be used by either side in a lawsuit. It has the same effect as testifying under oath. Those present are the parties concerned, their lawyers, sometimes an additional witness or two, and a court reporter who records the questions and answers. The lawyers normally agree in advance where the deposition will be held. It is usually in the office of one of the lawyers. You are required by law to give a deposition. This is not something in which we have a choice. Because of this, we will need your full cooperation. Prior to the deposition, our Law Firm will go over the facts of the case with you and answer any questions you might have.
YOUR DEPOSITION IS OFTEN THE MOST IMPORTANT PART OF YOUR CASE.
It is important that you be prepared well in advance of the deposition date.
In giving a deposition, there are a few rules to follow:
a. Always tell the truth, even if it hurts your case.
b. Answer only the questions. Do not make any voluntary statements or speeches.
c. Think before you make any answer to any questions. If it concerns a matter about which you do not know or a detail you do not remember, you may so state. However, once you have stated that you do not know or remember, it’s hard to change your testimony at trial.
d. Always be polite. Frequently the other attorney will ask you many questions which will seem to you to have no bearing upon the case. Nevertheless, it is your duty to answer these questions, notwithstanding the fact that they may irritate you.
e. Never conceal prior injuries or prior illnesses. Remember, the other side has the means of obtaining such information.
There are occasions when the parties submit the dispute to “mediation”. The parties meet with an independent third person, usually, an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal and less expensive than a trial. If that is an option for your case, your lawyer will discuss it with you.
If you have been seriously injured or lost a loved one as the result of a car accident, you need the advice of an experienced personal injury lawyer. Call our Law Firm today for your free consultation.
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