Although a lawsuit may have to be filed, settlement is always possible. 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.
Pleadings are the documents parties file in court that form the basis of a lawsuit. This is intended to be general information only. Each case is unique.
Once an action is filed, both sides have a right to "discover" facts concerning the opposing party's case. Normal discovery proceedings include written interrogatories, depositions, production of records, requests to admit, protective orders and sometimes medical examinations.
In giving a deposition, there are a few rules to follow:
Frequently the other attorney will ask you many questions which will seem to you to have no bearing upon the case. Nevertheless, it is your duty to answer these questions, notwithstanding the fact that they may irritate you. Never conceal prior injuries or prior illnesses. Remember, the other side has the means of obtaining such information.
There are occasions when the parties submit the dispute to "mediation". The parties meet with an independent third person, usually an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal, and less expensive than a trial. If that is an option to your case, your lawyer will discuss it with you.