How a Lawsuit Happens – a Chronology

Chronology of a Lawsuit

For many clients who have personal injury lawsuits, it is the first time they’ve ever had to sue anyone. Their attorney can answer many of their questions, but often does so as the case progresses. Because of this, clients don’t always know what to expect during their lawsuit from the start. I’m here today to try to shed a little light on the legal process.

DISCLAIMER: The following should not be construed as legal advice; it is designed to help many clients know what to expect. It is not true of every case. Some states and counties have different rules, vocabulary, and timelines.

The Timeline

THE ACCIDENT HAPPENS

This can be anything from a motor vehicle accident or a slip and fall to a medical malpractice case or the diagnosis of a condition caused by a faulty drug.

CLIENT HIRES AN ATTORNEY

Speak to an attorney to make sure he or she has your best interests in mind. You will need to sign a retainer hiring that attorney to handle your case.

THE ATTORNEY COLLECTS DOCUMENTS ABOUT YOUR CASE

These documents can include medical reports, police or incident reports, insurance information, expert testimony, and/or additional documents.

This is probably the earliest time a funding company would consider your case. Exceptions can be made, and we can consider some cases before this—call to see if yours qualifies.

THE ATTORNEY TRIES TO SETTLE THE CASE BEFORE FILING A COMPLAINT

The attorney will be in constant contact with the defendant’s attorney to try to resolve the claim without having to file suit. Some insurance companies are more open to discussing a settlement than others. If the attorney can’t settle it at this point, that does NOT mean you have a bad case. It’s common for insurance companies to want to try a case.

THE ATTORNEY SUBMITS A DEMAND

The attorney will send a formal document saying how much money they are demanding to settle the case. This is NOT necessarily how much your case is worth.

If your attorney submits a demand for $1 million, it’s dangerous to expect to receive $1 million for your case. Having realistic expectations is helpful because if the insurance company does make a reasonable settlement offer that is less than the demand, it may be worth accepting. Always consult with your attorney to see if a settlement offer is reasonable. They’ve likely been doing this far longer than you have.

THE ATTORNEY FILES A SUMMONS AND COMPLAINT

This is when the lawsuit is officially launched. Since the case could not be settled between the two parties, it is now going to go to court to determine the outcome. The complaint lists all the claims that the plaintiff is making.

Note: There is a certain period of time in each state by which a complaint must be filed. You can see the different statutes of limitations for each state HERE.

THE DEFENDANT ANSWERS THE COMPLAINT

The defendant’s attorney will need to file their own response within a certain time frame. Often, this is only a matter of weeks. They will respond and acknowledge for which (if any) of the plaintiff’s claims the defendant admits fault.

THE DISCOVERY PERIOD

This is when both sides exchange information (medical information, insurance declarations, etc.). This is also when either interrogatories (written questions and answers) or depositions (sworn out-of-court statements) take place. Depending on the state and the case, one or both methods may be used.

MEDIATION/ARBITRATION

In SOME cases, now would be the time the two sides try to come to a settlement by using an outside party like a mediator or an arbitrator. Not all cases go through this process, and even if it is attempted, it doesn’t always result in a settlement.

TRIAL

If the case hasn’t settled yet, and it hasn’t been dismissed (there are many reasons a case could be dismissed before this point), the attorneys will present their evidence to convince a jury to return a verdict in their client’s favor. The judge will take the jury’s decision and order a judgment to be entered in the prevailing party’s favor.

APPEALS

If one side wins but the other side feels the verdict was unjust, the award was too high, or certain evidence wasn’t heard, they can appeal the decision. This will send the case back into court. Sometimes the verdict is changed; other times, it is upheld.

If you are a plaintiff and the verdict was awarded to the defendant and you are appealing it, most funding companies will not consider your case until the judge rules on the appeal. You can call us to see if your case falls into that category.

AWARD

If the plaintiff wins, they will receive their judgment after some period of time. This can take anywhere from a few weeks to close to a year, depending on many factors.

ALL THINGS CONSIDERED

– At any point during this process, a case can settle. The defendant can see that the writing is on the wall and make a reasonable offer that you accept.

– At any point in this process, a case can be dismissed. There are many technical reasons a case can be dismissed, from missed deadlines to a lack of evidence. Your lawyer can give you a better idea of what happened if your case is dismissed.

– While the above is a template for many cases, some don’t fit this mold at all. If your case has followed a very different path, assume that your attorney is correct. This is only a rough guide.

As you can see, a lawsuit can take a long time. Insurance companies try to stretch cases out to bleed the client dry so they will accept a much lower settlement. A pre-settlement loan may be the answer to level the playing field. Call us or fill out an online application to start the process as soon as today.

Uplift Legal Funding

Uplift Legal Funding offers pre-settlement loans for many types of personal injury cases. Call us anytime at (800) 385-3660 for more information.