Help Us Help You: Filing a Lawsuit

by Terry Bryant


Let’s File a Lawsuit

This blog post is part seven in an eight-part series designed to help you understand how our office strives to best serve the needs our of clients and what you can expect as a client of the firm.

The seventh step in handling your claim is filing a lawsuit, if necessary.  Very few cases actually proceed to trial.  Most cases settle out of court. Filing a lawsuit involves the court in the process of obtaining fair compensation for your claim.

First, our office prepares a petition, explaining what happened to you, whom you are suing, and why you are suing them.  We then file the petition with the court.  We also serve a copy on the defendant.

Second, the discovery process begins to facilitate the exchange of information between the parties.  This involves interrogatories, requests for production of documents, and requests for admissions served on the defendant.  We also decide who needs to be deposed and send the appropriate notices.

Third, we determine whether experts are necessary to prove your case.  Then, we notify any potential experts that a lawsuit has been filed and exchange information on experts with the opposing party.

Fourth, once discovery from the defendant is completed, our office answers interrogatories and responds to requests for production of documents and requests for admissions on your behalf.  We also prepare you and any other witnesses for depositions.

Fifth, depositions of the various parties are conducted.  This normally involves the plaintiff, the defendant, and some of the plaintiff’s medical providers.  At each deposition, the deponent is sworn in under oath to answer questions about your lawsuit.

Sixth, the parties file all pretrial documents with the court and prepare to proceed to trial.