Personal Injury Lawsuit Timeline in Sacramento

If the negotiation phase of the pre-litigation process does not produce results, it may be necessary to file a lawsuit. Filing a lawsuit or complaint results in the creation of a case in court. Your case is then assigned a number that will identify that lawsuit among many others. Lawsuit filings are public information stored at the court handling the case – unless they are filed confidentially, a process that sometimes happens when suits contain sensitive information.

Once the lawsuit is filed, a copy must be served on the defendants or their attorneys of record to notify them of the complaint. A lawsuit can be served by anyone, but it is normally served by a process server. The process server delivers a copy of the complaint along with any summons issued by the court for the parties to appear. Service of a lawsuit requires the defendants to file an answer within 30 days in most cases. At this point, defendants usually retain their own attorneys if they have not already done so.

Discovery is the process that allows the parties to “discover” or learn about the facts of a lawsuit. During discovery, written documents will be passed back and forth between the attorneys that seek answers to certain questions or for them to produce evidence. There are several forms for written discovery, including:

• Interrogatories. Interrogatories are questions that must be answered by the parties within a certain time period – usually 30 days. Attorneys may send several sets of interrogatories depending on the answers to certain questions. Failure to answer interrogatories may hurt the party’s chances at trial or even cause the party to be held in contempt.
• Requests for Production. Attorneys may request production of certain documents, artifacts or other pieces of evidence that are deemed important to the case.
• Requests for Admissions. Admissions are statements that “admit” facts or issues in the case. Admissions have the effect of narrowing the scope of the litigation. Parties will usually admit facts that are already in evidence, such as the fact that a defendant was operating a particular vehicle on a certain day, but may not admit facts that could lead to admissions of negligence, such as the fact that a defendant was driving drunk.

Parties must respond to written discovery within a certain time period. If they fail to do so, they may incur penalties including contempt charges from the court or a summary judgment on the case.

Both parties to the lawsuit and any witnesses may be deposed, or asked questions in a formal setting. Depositions of both the plaintiff and the defendant may be taken, as well as police officers, witnesses to the accident, and character witnesses. All questions and answers are recorded by a court reporter and these transcripts may be used at trial.

In a case in which you (as the plaintiff) claim injuries, the defendant may have the right to request an independent medical examination. This is to ensure that you are actually injured and that the nature of the injuries is as stated in the complaint. While it is possible to avoid certain types of examinations, it is often in your best interest to submit to this examination, as it may speed up the settlement process.

Depending on the nature of your claim, it is possible that your case could be arbitrated or mediated rather than filed in a court. Arbitration is a hearing held by a neutral attorney or judge who hears the evidence and renders a decision. Either party can reject the “award” and then set a jury trial. Mediation is a settlement negotiating session attended by the parties and moderated by a neutral attorney or judge.

Expert witnesses are often the core of a plaintiff’s or defendant’s legal case. Expert witnesses are those who are hired to give testimony as to certain facts. These facts could be scientific, medical or psychological. Hiring an expert witness is meant to bolster a party’s claim in the lawsuit, and it is usually done when negotiations between the parties are stagnant.

Experts are often asked to give depositions before the case goes to trial. There are two important reasons for these depositions. First, to allow both parties to evaluate what the expert will testify to and give both parties a chance to negotiate a settlement based on that testimony. Second, to pin an expert witness down on his or her testimony. If the expert then deviates from that testimony at trial, the attorney may use this deviation to discredit the expert.

A settlement conference is often held before proceeding to trial. The settlement conference gives both parties one last opportunity to negotiate an agreement to settle the case. The outcome of the settlement conference often hinges on the facts that have been established through witness and expert testimony. A neutral attorney or judge usually presides over the settlement conference to ensure that everyone is treated fairly.

When settlement negotiations fail, the case may be set for a trial by a jury. This is an intensive process that requires a great deal of time by both parties. If your case does go to trial, you will be expected to be in court at all times and may be asked to give testimony. The jury hears the evidence and renders a decision based on the facts. Judges and juries are required to render a verdict in civil trials on “preponderance of evidence” rather than the criminal standard of “reasonable doubt.” This means that the jury should weigh all the evidence presented and decide if they believe the defendant owes the plaintiff compensation and if so, how much. There is no way to predict this amount in advance, which is one reason why most parties prefer to settle than to go to court.

Funds are generally disbursed within 30-60 days of a trial and within 30 days of mediation or settlement. However, in the case of an appeal, funds disbursement may take longer. If punitive damages are awarded, the disbursement of the actual damages may occur prior to the payment of the punitive sums.

This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty or prediction regarding the outcome of your potential legal matter.