From the moment we take on your case, we begin preparing for your trial. This is so even though the majority of cases settle before trial. It is very difficult to predict which cases will resolve before trial and which cases will go to trial. For this reason, every case is prepared for trial. Throughout the course of your case, we will be gathering information regarding the two parts of every case. The first part deals with proving fault or responsibility against the person or entity that we feel caused the problem, and the second part deals with proving what happened to you both physically and emotionally as a result of someone else's carelessness.
We will be in regular contact with you, and it is very important that we are kept abreast of new developments in your medical care and treatment, e.g., doctor appointments, medical procedures. Some cases resolve before we even have to file a claim in court. However, many times, we have to file a lawsuit in court. If this happens, then you will be officially called "the plaintiff" — the person who brings the case to court. The "defendant" is the name given to the person who is being sued.
Once the case is filed in court, we begin the "discovery phase". Simply put, this means that both sides seek information from the other side in an official manner. During this phase of the case, you may be required to answer "interrogatories", which are legal questions that you will review with your attorney. You may also have to provide sworn testimony in a proceeding called a "deposition". You will be accompanied to any such proceeding by your attorney. You may also be required to attend a "pretrial" on your case. This means that the court schedules a meeting to discuss your case in hopes of resolving it. You will not be part of the private meeting between the lawyers and judge but your attendance is sometimes required in court in order to discuss potential settlement offers. Oftentimes, the case does not settle at the pretrial. However, you should know that your case can settle at any time: before you file a lawsuit, after a pretrial, or even during the actual trial. It is very important that you let us know how we can get in touch with you. We need to know about your recent moves, a change of your address or telephone number, or even a lengthy vacation that you may be planning. We want to make sure that we can always get a hold of you easily and quickly.
- We will be gathering information for two parts of your case:
- Proving fault or responsibility against the person/entity that is believed to have caused the problem.
- Proving what happened to you both physically and emotionally as a result of someone else's carelessness.
- It is important that you inform us of new developments in your medical care, such as doctor appointments and medical procedures, and inform us of any changes in your contact information so we can reach you easily for any questions.
- If your case is filed in court, we will begin the "discovery phase", where both sides gather information from each other.
You may have to:
- Answer "interrogatories", which are legal questions to be reviewed with your attorney.
- Provide sworn testimony in a deposition.
- Attend a pretrial to discuss your case.