The Litigation Process: What To Expect

The facts and strategy of every case are different; however, the legal procedure is the same. If you have been harmed, or accused of causing someone else harm; typically the case will go something like this:

Step 1: Pre-Litigation:

In this phase, your attorney will research your case and collect evidence needed to prepare or respond to a demand letter. If a demand letter is not necessary or advantageous, then a complaint will be prepared and filed. Ideally, the parties will try to resolve their dispute before it becomes necessary to file a lawsuit; if not, a complaint will have to be filed with the court and the lawsuit will commence.

Step 2: Discovery & Fact Finding:

Once a complaint is filed, and answered, the parties will conduct "discovery." Discovery is the exchange of documents and information during the course of the trial. This is the most tedious and time-consuming part of the trial.

Step 3: Summary Judgment:

If, after discovery, there are no facts that are in dispute, there is no point for a trial. At this time, either party may ask the court to rule on the case and make a decision.

Step 4: Trial:

If there are facts in dispute, then a trial will have to be held so that a jury can decide which facts are true. Each side will show the court the evidence that supports their version of the "facts" and the jury will decide who is right and make a judgment.