Navigating the Litigation Process

Posted Friday, August 25, 2017 by Chris Thayer

You have been injured in a car accident or by a defective product. Now what happens?

The first thing you should do is seek medical attention. The next thing you should do is contact an experienced attorney, who might advise you to file a personal injury lawsuit. If that is the case, it is important to understand your legal options and the litigation process before diving in. It will ease your mind and make you feel more comfortable if you are well-versed in your legal rights and responsibilities.

Filing a Personal Injury Lawsuit in Washington

Here are several things you should know about the litigation process:

• The statute of limitations for personal injury claims in Washington is three years. That means you have three years from the date of the accident or the date you sustained the injury to file a personal injury lawsuit. But the sooner you file your complaint, the better.
• Once you have determined when to file your lawsuit, you need to decide where to file it. Typically, you will file your lawsuit in the district court in the county where the defendant lives or where the injury occurred.
• Your complaint and a corresponding summons will be served on the defendant, who will then file an answer and possibly a counterclaim. A counterclaim might arise if the defendant alleges contributory negligence. For example, if you were injured in a car accident the defendant might argue that you were partly at fault and therefore partially responsible for your own damages. The plaintiff may also file a reply to the defendant’s answer.
• At this point the judge will deal with any pretrial issues (e.g., if there are any procedural problems with the complaint or the defendant’s answer).
• Now the discovery process begins. The length and scope of this process depends on the complexities of your case, but basically discovery is how each side determines the facts. The judge will also deal with any issues that arise during discovery, like if a witness refuses to respond to a subpoena for a deposition (a series of questions about the case that must be answered under oath).
• Sometimes the parties will seek an alternative dispute resolution method, like mediation. If these efforts fail the case may proceed to trial.
• The attorneys will make opening statements and present the facts using evidence, witness statements and expert testimony. At the end of the trial they will present closing statements, and the judge or jury will begin its deliberations.
• The decision-maker will reach a verdict and damages will be awarded. However, the losing party may file an appeal.

Navigating the legal system can feel overwhelming on your own. An experienced attorney can help you understand the litigation process and help recover the damages that you deserve.*Contact Us Today*

Contact one of our personal injury attorneys today for a free consultation if you have been injured in an accident or otherwise sustained a personal injury because of someone else’s negligence. Our experienced attorneys will guide you through the litigation process and help recover compensation for your injuries.