Steps in a Lawsuit

It can take up to two years or longer for a lawsuit to go to trial or settle. The amount of time your lawsuit will take will depend on such factors as how soon you recover from your injuries; when we receive the documents we need; how booked the courts are; and when the other lawyers are available.

However, most lawsuits go through the same basic steps, although not always in the same order. Some lawsuits skip some steps, and some steps are repeated many times over.

The steps listed here are the main steps that occur in a lawsuit. They will give you a general idea of what to expect.

  1. Gathering the Facts
  2. Starting the Lawsuit
  3. Interim Applications
  4. Examination for Discovery
  5. Review of the Law
  6. Negotiation and Settlement
  7. Mediation
  8. Preparation for Trial
  9. Trial
  10. Completing the Claim

 

 

Gathering the Facts

With our client’s help, we gather all the available facts concerning the claim, including interviewing and taking statements from witnesses. We sometimes hire investigators or experts to help us.

Starting the Lawsuit

We begin the lawsuit by preparing the necessary court documents and filing them in court. This means the court date-stamps all copies of the documents, keeping one copy for their official record. We then deliver filed copies to the Defendant’s lawyers.

Interlocutory Applications

After we start a lawsuit, but before trial, we or the Defendant’s lawyers sometimes need to ask the court to decide certain things. Going to court to ask for an order is called an interlocutory application. These applications are usually about how the lawsuit should be handled. For example, we might ask the court to order that the Defendant show us a particular letter or document that the Defendant would rather not let us see.

Examination for Discovery

After gathering the facts, either we or the Defendant’s lawyers arrange an examination for discovery. At the examination for discovery, we question the Defendant under oath about the accident. We also ask the Defendant to show us what relevant documents the Defendant has, and to tell us about all relevant documents he or she has ever owned or had access to.

In return, the Defendant’s lawyers also question our client about the accident and the injuries he or she suffered. We give the Defendant copies of the documents we have that relate to the lawsuit, and our client describes all relevant documents he or she once had, or had access to.

Review of the Law

Once we have a good idea of all the facts, we review the law. We then give our client our legal opinion about what the likely outcome of a trial would be, and how much money our client can expect to get.

Negotiation and Settlement

When it is appropriate, we talk with the Defendant’s lawyers to see if they will settle the claim. A settlement is an agreement between the parties to a lawsuit which sets out how they will resolve the claim. If the claim is settled, it does not go to trial.

We will keep you informed about matters that arise, and discuss with you any significant decisions you must make. We will give you our best legal advice, but you will make the final decisions. And we will only settle your lawsuit if we have your consent.

Mediation

It may be appropriate in your case to participate in non-binding mediation.  This process involves participating in a meeting with the other party and their lawyer in front of a mediator.  The mediator is an impartial third party with experience in assisting parties in reaching a settlement in your type of lawsuit.

All discussions at mediation are confidential and the object is to achieve a settlement.  You will participate in the process and we will prepare you prior to our attending at the mediation.

Preparation for Trial

We prepare the case for trial, including getting all the necessary documents together, arranging for witnesses to attend, and preparing any legal arguments.

Trial

We act for our client at the trial. When the judge has decided the case, which could be a few days or weeks after the trial, we prepare the court order for the judge to sign, or approve how the other lawyers write up the judgment to make sure it is correct.

Completing the Claim

We do all the work necessary to complete the claim. This includes giving our client money from a settlement or judgment, after we have deducted our fees and expenses. However, it does not include starting new steps such as enforcing or appealing a court judgment.

To enforce a judgment means to start proceedings to force the Defendant to actually pay what he or she has been ordered to pay. To appeal a judgment means to start work to get a higher court to change the original court’s judgment.