Good Fences And Not So Good Neighbors: Property Law 101

6 Steps Of Civil Litigation For The Plaintiff

15 May 2015 by Hunter Moore

When it comes to being injured at the hands of another person, this is reason enough to take legal action. As the person filing the lawsuit, you will be referred to as the plaintiff. It's important for you to know all of the steps that you must take when completing this process. Civil litigation is complex and there are a number of steps that you should know about before filing a lawsuit.

Step #1: Consult with an attorney.

The first thing you will want to do is to meet with a personal injury attorney. This will be necessary for you to determine if your case is strong enough to take to court or not.

Listed below are some common questions that are ideal to ask your lawyer:

1. What are the strengths and weaknesses of the case?
2. How much compensation should I request if I sue?
3. Would demanding a jury trial increase the chance of getting more money?
4. How long does civil litigation last?

Step #2: File a Complaint

If the lawyer advises you to file the lawsuit, it will be drafted. This is the time to list the charges against the defendant or laws that were broken due to your injury.

You can select to send the lawsuit by mail or have a sheriff within your jurisdiction deliver these.

Step #3: Await a Response

The defendant must respond to the lawsuit within 30 days of receiving it. All of the allegations and charges that are listed must be admitted or denied.

However, it is possible to get an extension of an additional 30 days, but this must be approved by the court.

Step #4: Discovery Stage

One of the most critical parts of any personal injury lawsuit is the discovery stage. This is when all of the details of the dispute will be revealed.

Listed below are the four parts of discovery:

1. Written interrogatories
2. Deposition
3. Request for admission statements
4. Request for production documents

Step #5: Mediation

The court requires both you and the defendant meet together to work towards ending the dispute. This will require you to negotiate a settlement amount to do so.  

If the case is settled it will be dismissed.

Step #6: Final Verdict

When mediation isn't successful, the case must continue to court. At this time a judge or a jury will make the final decision on the case.

It's important to know what to expect during the civil litigation process when you're filing a lawsuit against another person. Be sure to consult with a personal injury attorney, like those at Tracy & Stilwell PC Attorneys At Law, who can advise you legally through this process.

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