Chicago Personal Injury Lawyer - Article

Anatomy of a Personal Injury Lawsuit

Contrary to popular belief, filing a personal injury lawsuit does not consist solely of a trip to the courtroom. In fact, resolving a lawsuit is a process which extends beyond the courtroom both before and after a trial – if one even takes place. The lawsuit process can be divided into roughly five stages.

Pleading

Pleading begins when a lawsuit is first filed with the court clerk. The defendant is notified of the pending lawsuit and is given an opportunity to respond to the charges in it. He can admit to the charges, deny the charges, or simply say that he has inadequate information to respond.

Discovery

During discovery, plaintiff and defendant exchange documents, evidence, and information about the case. This is to prevent unfair surprises from coming up during trial. At this point, lawyers for both sides engage in legal wrangling over the admissibility of evidence, seeking to have it either included or excluded from proceedings. Many lawsuits are also settled at this time, as both parties weigh the costs and benefits of going to trial.

Trial

At trial, both sides are permitted to present their cases before a judge and/or jury, who will then render a judgment based on the available evidence and arguments. In a personal injury lawsuit, this judgment will usually come in the form of a monetary payment from defendant to plaintiff, should the plaintiff win the case.

Appeal

If a defendant is unhappy with the way a lawsuit turns out, he usually has the option to appeal the decision to a higher court. This appellate court, if it accepts the case, will review the lower court’s actions to determine if any errors were made which could have significantly affected the case, and either affirm, reverse, or remand the verdict accordingly.

Enforcement

If, after exhausting all appeals, the plaintiff’s verdict stands, the defendant will be legally obligated to comply with the terms of the judgment. Courts have several ways to force a defendant to “pay up,” including wage garnishment and liens. For more information regarding personal injury law, contact a Chicago personal injury lawyer from the law firm of Friedman & Bonebrake, P.C. at 312-466-8200.