The Process of Filing a Lawsuit in the Court
Many personal injury cases are settled without going to trial. If your case necessitates filing a lawsuit not in favor of the at-fault party(s), Fulmer Sill is ready to help you navigate the legal system.
We wanted to walk you through the basic steps of filing an injury case with the help of a personal injury lawyer to help you relax and have a better grasp of how the litigation process works:
The pre-trial procedure
Petition/Complaint and Service of Process
As your attorneys, we will file a Petition with the proper Oklahoma District Court to begin your personal injury lawsuit. Your factual and legal charges against the at-fault party(s) that caused your damages and injuries are laid forth in the Petition/Complaint. This usually entails a description of how the injury occurred, what injuries you sustained, and how you were harmed, among other things. After the Petition/Complaint is filed, a process server or certified mail will serve it on the defendant(s).
Answer
After the defendant (or his/her/their attorney) has been served, the litigant has a certain amount of time to file an Answer with the Court – this is the defendant affirming or denying all of the claims made in your Petition/Complaint.
Discovery
This part of litigation is typically the longest and most time-consuming, but it is also critical to prepare your case for mediation and trial.
Motions
In the litigation course, a variety of “motions” may be filed, but the type of move and the number of motions filed varies from case to case. If one or more of the parties’ requests that the Court decide an evidentiary or legal issue in the case a motion is lodged.
Mediation
Parties to a case have the option of participating in mediation or a court settlement conference before going to trial. An impartial mediator is chosen and agreed upon by all parties to undertake a mediation. A judicial settlement conference is led by a judge (not the one who is handling the case) who acts as a mediator for the duration of the meeting. In any case, each party will be present at the mediation with personal injury lawyer, and the mediator will try to assist a settlement or resolution of all claims in the dispute.
Trial
If your personal injury lawsuit proceeds to trial, the following is what you can expect:
Jury Selection — The first step in a jury trial is to pick the community members to serve on the jury in your case. The method for selecting jurors varies by state and federal court, but at its most basic level, each party's attorney and/or the presiding Judge ask potential jurors a series of questions.
Opening Statements - Each party's attorney will have the opportunity to address the jury with an opening statement. It informs the jury of each party's case theory or tale, as well as what each believes the evidence will reveal. We conceive of opening comments as our chance to explain the jury who we are, what happened to us, and how the defendant's actions have harmed and injured us.
Evidence Presentation - This is the stage of the trial where the jury hears and sees the evidence in your case. This can include summoning witnesses/parties to testify in front of the jury under oath (e.g., you; the person who hurt you), playing a tape of a video statement taken of a witness/party, and presenting exhibits or papers to the jury (e.g., photographs of the wreck).
Closing Arguments — Each party's attorneys get one more chance to speak to the jury regarding the evidence, facts, and testimony given throughout the trial.
Jurors Instructions - The judge will recite the Jury Instructions to the jury. These instructions explain the law that applies to the case, considerable evidence, and the questions the jury must answer in order to make a verdict on the issue.
Jury Deliberation & Verdict – After that, the jury will adjourn to the jury room (which is separate from the courthouse) to begin their confidential consideration on the matter. The Court will be notified once the jury has reached a decision. Next, the jury will return to the courtroom, where the Judge will read the jury's decision.
Contact us immediately at Foshee and Yaffe Attorneys at Law for a free case evaluation with a personal injury lawyer if you require legal counsel in your personal injury case.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.