In this video, Nate goes over the Personal Injury lawsuit initiation. This is the legal documentation of the facts of the injury case.
A lawsuit is initiated by an attorney filing something called “a complaint”. What a complaint is, is just a legal document that lists who the parties are in the lawsuit, what the facts of the case are, and the legal causes of action that constitute the grounds for the plaintiff to sue.
Now that complaint will have to be filed with the court and it will be accompanied by a summons, which is just a notice that someone has been sued. That complaint and summons will have to then be served on the opposing party in the case. At that point, after service has been completed, that opposing party will have 20 days to file a response, which is called an answer.
Once that is done, the lawsuit is underway and the discovery period begins. Now, what the discovery period entails is exchanges of documentation, exchanges of information, written questions and requests that go back and forth between the parties and also depositions, which is where a party to a lawsuit or a witness is called to a conference room, generally, with a court reporter and their attorney present to give their version of events and what they know about the case.
Throughout this period, there may also be a series of motions being filed to try to narrow certain parts of the case or to try to exclude certain parts of the evidence that’s being presented. Once the discovery period is over, once the motions have gone back and forth and have been heard by the court and ruled on and all of that is over, then you proceed to trial.
Watch the video on YouTube.