Anatomy of a Lawsuit
We at Kreutzer Law Office will do our best to settle and resolve your case without filing a lawsuit. However, if we are unable to resolve your case without court action, after consultation with you and after receiving your approval, a lawsuit will be filed. You will be the one to decide that the settlement is not sufficient and to file the lawsuit.
The name of the court pleading that begins a lawsuit is the Complaint. The Complaint sets forth the facts in support of the cause of action. In a Slip and Fall, Car Accident, or any injury sustained due to someone else’s negligence, the Complaint must set forth the elements of negligence. The elements of a cause of action for negligence are:
Duty
Breach
Causation
Damages
After filing the Complaint, the pleading is then served personally on the person, party, or legal entity that was responsible for your injury. These people are called the Defendants in the lawsuit. The Defendants have 20 days to file a response to the lawsuit. If the Defendant has insurance it is the insurance company that normally hires an attorney who then files a response to the lawsuit.
After the Complaint is filed the attorneys then conduct a further investigation regarding the case by conducting Discovery. The attorneys will take witness statements, depositions, inspections and other types of investigations to gather all of the facts to prepare for trial.
Lawsuits take about a year plus to make it to trial. The time involved depends on the facts of the case, the number of witnesses, the number of defendants and many other factors.
Eventually if your case does not settle there will be a trial.
We at Kreutzer Law Office make sure t hat you, the client, receive copies of all emails, letters and court documents and we make sure you are fully informed at all times. Furthermore, you can contact us at anytime and our cell phone number is always available for emergencies.
