If
you have been hurt in an accident, Dallas personal injury attorney Sean Chalaki can help you as you attempt to recover compensation for your losses, which can
include expenses such as medical bills, lost wages and even pain and suffering.
In
the majority of cases, a settlement will be reached outside of the courtroom.
However, there are some cases where a fair settlement cannot be reached out of
court and therefore must move into litigation. Litigation is the resolution of
disputes through the court system.
What
happens in litigation?
Litigation
basically consists of four main stages: (1) information gathering, (2)
pleading, (3) discovery and motions and (4) trial and post-trial proceedings.
Information Gathering
The
first stage of litigation is information gathering. Before filing a lawsuit,
your attorney will spend time with you gathering all the information necessary
to build your case. For example, if your case involves a car accident, information
will be gathered about all drivers involved. Also part of the information
gathering is finding out the extent of your injuries and how they will impact
you and your life.
After
sufficient facts are gathered, the lawsuit will begin by filing a complaint.
The complaint, along with a summons to appear in court, is served to the
defendant—the party responsible for your injuries.
Pleading
After
the defendant has been served with the lawsuit, the defendant has a specific
amount of time to officially respond to the lawsuit. If the defendant believes
there is a particular problem with the lawsuit, such as the facts are
insufficient to justify the lawsuit or there is some other defect with the
complaint, the defendant can file a motion. A “motion” is a request to the court
for an order or a ruling. For example, the defendant could file a motion to
dismiss, asking the court to dismiss the lawsuit altogether.
If
the defendant does not file a motion or if the motion is denied, then the
defendant will answer the complaint. The “answer” is the defendant’s response
to the lawsuit’s allegations. Once the defendant files the answer, then the
pleading stage is complete.
Discovery and Motions
The
third stage is the discovery and motions phase. Both sides conduct interviews
and share facts and information regarding the case. During this stage, there
could also be pre-trial motions made to the court. These motions can include
any number of things such as asking the court to enter a judgment in the case
without an actual trial. If the case ends up settling before it goes to trial,
it will usually be during this phase.
Trial and Post-Trial Proceedings
The
final stage of litigation is the trial and post-trial proceedings. In the trial,
both sides of the case have the opportunity to present and argue their cases in
front of a judge and/or jury. After arguments are presented, a verdict is
reached and handed down. Post-trial proceedings can include an appeal from the losing
party. To win the appeal, the losing party must prove there was an error in the
court that affected the outcome of the case.
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