One of the most common questions we hear from clients who retain our firm is simple: if I hire you, what is expected of me?
It’s an important question, and understanding the answer can ease a lot of anxiety about the legal process. A lawsuit can generally be broken down into four phases: pre-lawsuit, filing, discovery, and trial. Here’s what each phase involves, and how much is actually required of you along the way.
Phase 1: Pre-Lawsuit
Before a lawsuit is ever filed, our office gets to work investigating your case. This includes collecting medical records and other documents, along with police reports and related records.
Depending on your goals, this phase may also include sending a settlement demand to the other side. Sometimes that is successful and resolves the matter without ever needing to file a lawsuit. Other times, it isn’t, and if you want to move forward, we take the next step.
Phase 2: Filing the Lawsuit
If a case can’t be resolved through a pre-lawsuit settlement demand and you want to proceed, we initiate a lawsuit by filing a complaint or petition with the court.
At this stage, not much is required of you. For the first couple of months after filing, the case is largely in our hands while it moves toward the next phase.
Phase 3: Discovery
Discovery is where the parties exchange information. This includes written questions, called interrogatories, and requests for production of documents.
This is where your involvement increases slightly. You’ll need to answer certain questions and review and approve those answers before they’re submitted.
Discovery also typically involves depositions, where you are sworn under oath in front of a court reporter and sometimes a videographer, and asked questions by the opposing party’s attorney.
As your attorneys, we’re present throughout and have the opportunity to depose the opposing party’s fact witnesses and experts as well.
Your role during discovery is still relatively minimal, but it is required, and it matters.
Phase 4: Trial
The final phase is trial. If a case does go before a jury, it requires considerably more of your time and participation, as we work with you to prepare your testimony.
That said, it’s important to understand that most civil cases don’t actually reach this stage. Depending on the year, roughly 95 to 97 percent of civil cases settle or resolve before trial, a figure regularly reported by our state Supreme Court through its State of the Judiciary updates.
While those numbers are worth knowing, no attorney can ever guarantee that a particular case will settle. That’s an important mindset for clients to hold onto throughout the process.
Knowing What to Expect
Understanding these four phases- pre-lawsuit, filing, discovery, and trial- gives clients a clearer picture of what a case actually looks like from start to finish, and how much is truly asked of them along the way. In most cases, it’s far less than people expect.
Contact Monsees & Mayer, P.C.
If you have questions about what to expect during a lawsuit or want to understand your options after an injury, the team at Monsees & Mayer, P.C. is here to walk you through the process every step of the way. Call 816-361-5555 or visit monseesmayer.com for a free, no-obligation consultation. There is no fee unless we recover for you.
