Timeline of a Typical Personal Injury Case
It is oftentimes difficult to determine how long it will take for a lawsuit to be resolved. This largely depends on the complexity of a matter, which court the case was filed in, and a variety of other factors. However, the timeline of a typical lawsuit usually involves several stages that the parties must proceed through in order reach a resolution.
Pleading Stage
At the beginning of the timeline of a typical lawsuit is the pleading stage. The plaintiff usually files a complaint to initiate a lawsuit, and the complaint lists all of the grounds upon which the plaintiff is entitled to relief. The plaintiff serves the complaint and other documents upon one or more defendants. If a defendant does not appear in the lawsuit, the plaintiff can seek to have a judgment entered against the defendant by default.
However, each defendant usually has two choices when responding to a complaint. They can file an answer, which lists their defenses and any claims they may have against other parties, and this will continue the lawsuit. On the other hand, defendants can also file a motion to dismiss to try and have the lawsuit discontinued at this stage. If a motion to dismiss is denied, or the defendant answers the complaint, the lawsuit will then proceed to discovery.
Documentary Discovery
The next part of the timeline of a typical lawsuit is when parties exchange documentary discovery. Usually at the beginning of the discovery stage of a lawsuit, the court will hold a preliminary conference to establish deadlines by which documents must be exchanged. The types of documents that are usually exchanged at this time are accident reports, photographs, videos, witness statements, and other materials related to a lawsuit. If a party does not produce materials, the other party can try and compel that party to produce documents and punish a party who withholds documents. At this part of the litigation, parties may also demand another party answer written questions or respond to written demands to admit or deny matters related to the case. In addition, parties typically obtain medical records during this stage in a lawsuit if medical conditions are applicable to the case. Usually, the vast majority of documents related to a case must be exchanged before the next phase of discovery begins.
Depositions
Depositions are the next part of the timeline of a typical lawsuit. Once the parties and their attorneys review all relevant documents, they have the opportunity to ask witnesses questions relevant to the lawsuit. Usually, all parties to a lawsuit must answer questions under oath during the deposition phase of a lawsuit. In addition, parties can also serve subpoenas on non-parties if they wish to ask questions of witnesses who are not parties to a lawsuit. If a party to a case is a company, that party must typically produce a witness for questioning, and they may be compelled to produce additional witnesses if the first witness did not have sufficient information. Depositions are an important part of the discovery process, and they help ensure that all information is revealed during discovery and there are less surprises in the case.
Summary Judgment
In most cases, the next part of the timeline of a typical lawsuit is the summary judgment stage. After parties have discovered documents and testimony favorable to their case, they sometimes file motions seeking to have the case decided in their favor before a trial takes place. In order to support their motion, parties are allowed to submit testimony from depositions, relevant documents, pictures, and other materials related to a lawsuit. It is oftentimes difficult for a party to win the case on summary judgment, since a court must usually deny a summary judgment motion if there are material issues of fact that must be decided by a jury. Nevertheless, parties still typically attempt to have a case decided in their favor during the summary judgment stage of the litigation.
Trial
The next part of the timeline of a typical lawsuit is the trial. Before each trial, a number of motions are usually filed in order to decide what types of evidence will be presented at trial and which issues will be resolved beforehand. During the trial itself, the process that many people are familiar with from movies and jury duty takes place. Both sides present their side to a jury by introducing testimony and materials relevant to the case. At the end of the trial, the jury renders a verdict that decides the matter. Although only a small fraction of cases go to trial, it is important to always prepare a lawsuit as if a trial will take place.
Appeal
If a party thinks that a ruling was decided incorrectly, or a jury verdict is improper, they may be able to appeal the matter. Some courts require parties to only appeal after a final resolution of a matter occurs, and appeals are only done in a fraction of cases. Although the ruling of a lower court is typically upheld on appeal, rulings can be overturned by higher courts. As a result, it pays to work with an attorney who knows how to win appeals.
The Rothman Law Firm has substantial experience with each part of the timeline of a typical lawsuit. If you are looking for an experienced New York and New Jersey litigation attorney, please feel free to contact The Rothman Law Firm to request a free legal consultation.