In over 90% of the time cases are settled before or during trial. The keys to obtaining a favorable settlement are preparing vigoriously for trial and for the client to remain active in the case.
The following are the steps of a lawsuit.
The complaint is the document filed on behalf of the injured party in court. In Illinois the complaint must be fact specific, that is it must include facts. Once the complaint is filed a summons is issued and served by the Sheriff. Once that takes place the defendant has 30 days to file either an answer or a motion claiming a defect in the complaint. Many times the motion is either to strike a portion of the complaint or to dismiss the complaint. The compliant can be amended with leave of the court and many times that is necessary. The next step in the lawsuit process is called discovery.
Once all parties to the litigation have been served, all parties are entitled to know certain facts the other side has in its possession. The parties learn about these facts through a serious of discovery techniques. They include interrogatories, requests to admit facts, request for production of documents and depositions.
Depending on where the lawsuit is filed, some courts have either mandatory mediation or arbitration. This is basically where a third party listens to the facts which are presented by each attorney, sometimes hears evidence directly from the witnesses and makes a determination as to who is at fault and how much should be awarded. Depending on the venue this may be binding on one party, both parties or neither party. It is important to have an experienced attorney with you at this stage of the process.
D. The Trial
If at the end of the process the parties cannot come to a resolution, there will be a trial where either a judge or jury will decide the issue. The key to a successful trial is solid preparation. I am experienced in front of both judges and juries. Call 312-505-5038 in the Chicago area of 309-712-1145 for the rest of the State of Illinois to talk directly to Pete.
