What to Expect During Litigation

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What are the different parts of litigation and what can the client expect will happen during the case?

The litigation is started by filing a complaint. The defendant then answers the complaint, and sometimes files preliminary objections. Discovery then begins, during which time interrogatories or written questions are asked under oath of various parties and witnesses. Depositions, or verbal questions under oath, are also asked of the parties and witnesses. Often consultation with the Court through various status and settlement conferences then ensues. Trial occurs at the end of this process.

Who bears the costs of litigation?

Usually, the attorney representing the injured person pays the costs during the course of litigation. The attorney is reimbursed at the end of litigation if there is any monetary recovery for the injured person.

How will my attorney be paid?

The attorney is paid only if recovery of monetary damages is recovered for the client. This is called a contingency fee agreement.

Do I have a case?

The answer to this question can only be given after a thorough analysis of the facts and law has been done. For any type of personal injury case, a client can recover monetary damages if the following questions are answerable in the affirmative: (1) Does the potential wrongdoer owe a duty to the injured person?; (2) Is the injured person’s status appropriate for recovery under the law?; (3) Has the duty owed the injured person by the wrongdoer been breached; (4) Was it reasonably foreseeable that harm would be suffered by the injured person if this breach occurred?; (5) Did the injured person suffer damages?

For questions about your specific case, please call us or fill out our case review form.