Every case proceeds differently, but all tend to follow a fairly common pattern. Some follow the pattern described below fairly closely; others deviate from it considerably. No two cases are alike, but most proceed in this general way:

1. Pre-suit - This begins with the initial interview where we explore:

• What happened in the accident
• What injuries you sustained
• What medical care you have received
• How you are doing now
• What your treatment plans are

Assuming that you agree to hire our firm and we agree to accept your case, we will investigate the accident further to find additional information which supports your case. The insurance company for the responsible party will be contacted, and after you have recovered, we will attempt to settle the case based on the information we gather through investigation and from your medical records. If this does not occur, we file suit.

2. Filing of suit - This must be done before the statute of limitations expires, which is normally 2 years from the date of accident. It may be shorter or longer, depending on the type of case and defendants involved.

The sheriff then takes the suit and serves it on the person or company being sued. The sheriff has 30 days to complete service and then the defendant has 30 days after that to file an answer to the complaint in court. Because of this, there is usually not much activity on the case for the first 60 days after the suit is filed.

3. Written Discovery - This involves each side answering a set of written questions and providing the other side with copies of various documents touching on the issues in the case.

4. Depositions - This involves the oral questioning by the lawyers from each side of the parties and witnesses under oath before a court reporter. Typically, depositions are held in a conference room outside the presence of the judge.

The injured person is customarily asked questions about:

• His or her background
• The facts of the accident
• The nature of his injuries
• The medical care received
• Loss of earnings
• Any ongoing problems or difficulties resulting from the injuries

5. Medical Depositions - This involves the questioning of your doctors about the injuries you suffered, the treatment that you received, the causal connection between the accident and the injuries, any work restrictions, your prognosis, and any future care needs.

6. Expert Depositions - Where the nature of the case calls for it, one or more of the parties to the lawsuit may hire an expert in a particular field to review all the materials from the case and to testify as to an important issue in the case.

Expert depositions are customarily done last before trial because of the expense involved in hiring an expert as well as because of the time it takes to develop materials for the expert's review.

7. Trial - This involves the full presentation of your case to a jury. Typically, even with simple cases, this will take more than one day, and in complex cases, can take several weeks. Before the trial actually starts, a great deal of work will be done to specifically prepare the case for trial. The jury will get to decide the issues of liability and damages.

8. Settlement - Cases can settle at any time, including after suit has been filed, before or during trial, or even after trial. Any time a settlement offer is made, a lawyer has an ethical obligation to advise the client of the settlement offer and of the lawyer's recommendation. The decision to accept or reject the settlement offer is the client's.

No Recovery, No Fee. If you are wondering whether you have any valid basis for a lawsuit, please contact us today for your free initial consultation.

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