When you file a personal injury case, you will find the process to be very complex. There are many types of cases, ranging from intentional torts to torts that rely on strict liability. Each case, however, goes through a process, one your personal injury lawyer in Fair Oaks, CA should explain, as each case does differ, based on the facts. Here is a brief overview of the process.
1. A complaint must be filed. This complaint is known as a summons and complaint and contains causes of action.
2. The defendant must then be served with the complaint. If he or she accepts service, an Acknowledgment of Service must be signed. When the defendant refuses service, the documents will need to be served formally.
3. The defendant then has 30 days to respond, answering your complaint or challenging it. If he or she challenges it, a hearing will be held to determine if the case should move forward. This process can take up to two months.
4. Once the case progresses, discovery begins. This may include a request for the parties to produce documents, requests for admissions when one or both parties affirm or deny allegations, interrogatories, depositions, and/or subpoena documents for third parties.
5. Discovery motions may be needed in certain situations. This takes place when one or more parties don’t comply with requests made during discovery. The failure to do so many be intentional or unintentional.
6. Case Management Conferences will take place at various times throughout the case. At each conference, the parties will discuss whether the case is ready for trial.
7. Settlement negotiations may occur at any time during the process. In many cases, the court orders a Mandatory Settlement Conference or mediation, in an effort to resolve the case before trial.
8. If the case cannot be settled, it goes to trial. Most cases settle before they reach this point, but not all do.
Speak to your Personal Injury Lawyer in Fair Oaks CA to learn more about this process. Sevey Donahue & Talcott law firm offers personal injury guidance for those who have been injured in the state.