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The Injury Litigation Process

It can be difficult to know what steps to take following a personal injury. If a settlement cannot be reached outside the judicial system, you might consider Indianapolis personal injury litigation.

Common questions about litigation

Litigation can be a confusing process, especially if you have never been involved in a lawsuit before.  The following are some common questions regarding litigation:

  • What is “discovery”?  Discovery is a pre-trial phase in which both the defendant and the plaintiff may request evidence from the opposing party in order to build their respective cases.
  • Will I go to trial?  According to the statistics, you are not likely to go to trial.  Only about 25 percent of personal injury cases go to court.
  • How long does it take for a case to reach trial?  Unfortunately, this answer varies because it depends on the caseload of the individual court that is handling your case.  The average length of time it takes from filing your case until the beginning of the trial is one year to eighteen months.

Phases of litigation

If a fair settlement is not reached outside the court system, lawyers generally file for a lawsuit on your behalf.  Most lawsuits are executed using the following steps:

  • Complaint and Answer:  A Complaint is the document that presents your allegations regarding how the injury occurred and what exact injuries you suffered.  In the Answer, the defendant(s) provide a response to each accusation from the Complaint.
  • Discovery:  This phase of litigation tends to last nine months to one year.  During discovery, both parties obtain testimony, documents, and other evidence from each other as well as outside parties.
  • Motions:  A motion is a request addressed to the Court asking the Court to take a specific action (such as dismissing the case altogether).  After filing the motion, the rival party has 6 to 14 days to give a response.  Once all motions are heard by the Court and judge, a case proceeds to trial.
  • Mediation:  This alternative form of dispute resolution is a meeting of all parties, their lawyers, and a neutral party called the mediator.  The mediator listens to all sides of the case and helps them settle. 

Contact us for skilled legal support

If you anticipate personal injury litigation in Indianapolis, consider the Law Firm of Robert D. King Jr., P.C.  Our attorneys specialize in injury litigation in Indianapolis and will provide the guidance you need. Contact us today at 317-916-0000 to schedule a free initial consultation.