The Process for Filing a Lawsuit
Posted Monday, April 1, 2013 by Chris Thayer
If settling your personal injury case is not possible, then your Seattle, WA, personal injury attorney will most likely file a lawsuit. There are certain sequential steps common to all personal injury cases.
The Sequential Steps in a Lawsuit
Step 1. First, your lawyer will prepare a Complaint and Summons to be served upon the person, persons, or com¬pany that caused your injuries (the “defendants”). You are the “plaintiff” in the lawsuit.
Step 2. Once a copy of the complaint has been served to the defendant, the insurance company’s attorney will file a response to the Complaint (called an “Answer” to the Complaint). Typically, the Answer will:
•deny all responsibility for the injury, •deny the severity of your injuries, and •possibly seek to add other parties involved in the incident.
Step 3. Next, the process called “discovery” begins, wherein both sides request information from each other. Generally, discovery will involve the following procedures:
•Interrogatories. Questions (called “interrogatories”) will be exchanged between parties. Written answers to the interrogatories must be provided to the opposing party.•Depositions. Oral testimony may be taken at a “deposition.” Deposition testimony is taken down by a court reporter so that a transcript can be prepared.•Requests for production of documents. The lawyers will request certain documents, such as medical reports and bills, witness statements, and any other pertinent documents. •Requests for admissions. A request for admission narrows the issues. In this process, both parties admit certain facts that are not in dispute.
Step 4. Then you and your Seattle, WA, personal injury attorney will prepare for trial. This may include (among other things):
• interviewing witnesses,• preparing video depositions of your doctors, and• drafting briefs.
Step 5. Finally, the case will go to trial if it has not already been settled by this time.
An experienced Seattle, WA, personal injury attorney can further advise you of all of the procedures in a personal injury trial, as well as the likelihood of success in such a suit. If you have further questions about a personal injury claim, call attorney Chris Thayer at (206) 340-2008 for an initial consultation.