If no settlement is reached, your lawyer will file suit in court. The initial paperwork, known as the Complaint, spells out your case against the opposing party. The defendant receives a summons informing them about the Complaint and is given a time frame in which to answer it. Both the summons and complaint are served on the defendant, either via mail or a process server.
The defendant then files an Answer to the Complaint. The Answer either denies or admits to the details outlined in the Complaint or states there is not sufficient knowledge for either. Often, the Answer lists reasons why the defendant is not responsible for the plaintiff’s injuries.
Next comes the discovery phase, in which the lawyers for both the plaintiff and defendant gather documentation and evidence regarding the case and share it with each other.
Either side may use a motion so the court will act prior to trial. When both parties agree on the facts, a motion for summary judgment is often requested to avoid trial. The party that did not file the motion can file a response. The judge either approves or denies it.
If the defendant fails to appear in court, does not respond to a summons, or fails in some action, the plaintiff’s attorney may file a motion for default judgment for their client.
If there is no settlement or the court has not resolved the case via a motion, a trial is the next step. Both sides present their case before the court, and a judge and jury determine the outcome. Should they find in favor of the plaintiff, they may also award monetary damages.
If the jury does not find the defendant liable for the plaintiff’s injuries, it is not necessarily the end of the matter. Depending on the specific issues, it is possible to appeal the verdict. For that, the plaintiff needs an experienced appellate lawyer.
