What Happens in a Personal Injury Lawsut?

There are many times when a personal injury case gets settled before a lawsuit is ever filed. With the help of elite South Florida injury attorneys like those at Clayton Trial Lawyers (“CTL”), your case may never get to court. However, if your case is one that’s ripe for a lawsuit, you should be informed about the litigation process by your attorney. In the paragraphs below, the top-rated attorneys at CTL describe the outline of the litigation process, so you can be informed at each step of the way.  

1. Pleadings Phase

The pleadings phase is the initial part of the lawsuit where the Complaint is filed. The Complaint will outline the facts of the case, the claims asserted, and the damages requested. The Florida Rules of Civil Procedure then permit the defendant of the lawsuit thirty (30) days to file their answer, affirmative defenses (if any), and a counterclaim (if any).  

2. Discovery Phase

Although the discovery phase can begin with the filing of a Complaint, it usually commences after the pleadings have been filed. During the discovery phase, the parties to the litigation can request and exchange information, documents, and other evidence relevant to the case. During this phase, your attorney will also likely take depositions of key witnesses to your accident, and individuals with knowledge about the facts and circumstances of your case. The Florida Rules of Civil Procedure describe the scope and methods by which discovery can be conducted.  

3. Motion Practice

During the motion practice phase of the case, the parties will make legal arguments to the judge about the legal sufficiency of the pleadings, the scope/breadth/timing of discovery, and potentially the merits of the case on motions for “summary judgment.” Motion practice can occur at any point during the case, from the pleadings phase all the way up to trial.  

4. Trial Phase

Trial is the peak of the litigation process, and it is where the case is resolved on the merits by a jury, or in some cases, a judge. The trial phase has a number of pre-trial events such as jury selection and pre-trial hearings. The trial itself also has a structured procedure: 1) opening statements, 2) plaintiff’s case in chief with witness testimony and presentation of evidence, 3) defendant’s case in chief with witness testimony and presentation of evidence, 4) closing arguments, 5) jury instructions, and 6) jury deliberation.  

At CTL, the elite attorneys will be able to strategize the best path to your case’s success throughout the litigation process. Indeed, the descriptions above are simple outlines of the detailed litigation process—south Florida’s premiere injury attorneys at CTL are prepared to take your case all the way through trial to get you the compensation you deserve for your injuries. For a free consultation of your case, and to see whether your case is ripe for a lawsuit, there’s no waitin’, call Clayton, today!