What Can I Expect In a Lawsuit?
The facts of every case are unique and every dispute has several ways that it can be resolved. Some cases require a delicate touch while others require a more aggressive approach. However, most cases follow the same general route through the legal system.
(1) It is usually best practice to try to reach an acceptable resolution informally. This can be through a simple conversation or a well-written letter by your attorney. Resolving your dispute before court proceedings are initiated is the fastest and cheapest way to resolve a legal dispute. However, a lawsuit may be necessary if a resolution cannot be reached.
(2) Legal proceedings are typically initiated upon the filing of a Complaint or Petition. This legal document will set out what the lawsuit is for and what relief you are requesting from the court. The opposing side of the suit will then file their answer, admitting or denying the allegations laid out in your Complaint.
(3) After a legal proceeding is filed, you can expect a process known as Discovery. Discovery is where both parties exchange information that they have about the case. This information can be in the form of taking depositions, turning over important documents, or simply asking the party written questions about what happened.
(4) Early in the legal proceeding, the judge may order, or the parties may agree, to mediate the case. Mediation is a critical part of the legal process where an uninterested 3rd party will sit the parties down in an attempt to push them to reach a resolution. The mediator will point out the flaws and strengths of your case and do the same with the opposing side in an effort to find an acceptable (not necessarily happy) resolution for everyone. This process is not binding on the parties and it is ultimately their decision whether mediation will work. However, the vast majority of lawsuits are resolved at this stage. Despite pop culture’s depictions of the law, very few cases ever go to trial.
(5) If a resolution cannot be reached at mediation, the parties will proceed to trial. I always compare trial to legal warfare: it’s dangerous, unpredictable, and can be fairly compared to “rolling the dice.” A trial is the last resort to a legal dispute. When you take a case to trial, you remove deciding how the case will be resolved out of the parties’ hands and into the hands of a jury. That means that the resolution of your case is decided by 12 randomly selected citizens in the county. We have some, but limited control over who sits on the jury. You may think you have a rock-solid case, but the jury can be very unpredictable. That is why you must be sure to have a trial attorney who will fight and advocate vigorously for their client. While no one every truly knows what a jury will do, passionate advocate can certainly make a big difference.