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Q&A The accident happened two years ago. Why am I being sued now? So I got sued. What happens next, and how long will it take? What should I do if I receive a summons and complaint, or any other legal papers? Is this case going to settle? Or will it go to trial? I do not think that the plaintiff's case has any merit. Why can't I just get it dismissed? What are my obligations to cooperate with my defense counsel? What if I want to meet with my attorney at anytime in advance of a significant event during the course of the lawsuit (i.e. deposition, trial, etc.)? If I have to make an appearance at a deposition or trial, how should I dress? If I am scheduled for a deposition, will I have sufficient time to meet with my counsel in advance of that deposition? I have been sued, but I want to assert a claim back against the plaintiff for my own injuries or property damage. Can I retain the services of this firm for that purpose? What are Interrogatories? What is a deposition? I have received a letter from my insurance carrier indicating that I could hire my own lawyer. Should I do so at this time? DISCLAIMER This website is designed to provide general information only, and does not constitute legal advice. This website should not be utilized as a substitute for professional legal counsel. Questions about legal rights and responsibilities should be discussed directly with an attorney. |
QUESTION So I got sued. What happens next, and how long will it take? ANSWER Lawsuits typically have several different stages, which often take some time. The first phase involves answering the Complaint and conducting discovery. Discovery is where the parties learn the facts of the case, and this phase typically involves both written questions and oral questions asked in person, at a deposition. Additionally, during discovery, subpoenas may be issued to obtain documents from medical providers, governmental agencies, employers, and other non-parties to the lawsuit. Expert witnesses may also be retained during the discovery process, to render opinions on complex issues such as medical causation and accident reconstruction. After discovery, which can take several months or longer, a court may decide to refer a case to mediation or arbitration, to try to resolve it short of trial. Courts also typically will hold pretrials to gauge the progress of a case and resolve the parties’ differences along the way. Depending on the circumstances of a case, written motions may also be filed, after which the parties must wait for the court to issue its ruling. Additionally, when scheduling dates on your case, the court must take into consideration the schedules that are already in place on all of its other cases, both criminal and civil. From the filing of a lawsuit to the time of trial, a case can take anywhere from a few months to several years, although a period of one year is not unusual. If appeals are involved, a case can continue for an even longer period of time. |
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