Litigation Process

1. Filing a Complaint: The plaintiff files a formal document outlining the injuries, who is at fault, and the compensation sought.

2. Service of Process: The defendant is served with the complaint and given a set time to respond, usually within thirty days of service of the Complaint.

3. Discovery Phase: This includes depositions, independent medical examinations, expert witness reports and written discovery such as interrogatories and document production.

Both parties, plaintiff and defendant, would serve written discovery requests, mainly interrogatories and document production requests.  These are invaluable means of identifying issues in the case.

The parties may notice the deposition of each other or witness to the incident.  If the defendant is an entity (whether corporate, retain or a governmental entity), the plaintiff would take the deposition of the person most knowledgeable.  A deposition may last an hour or a few hours.  It’s a fact gathering tool.



An independent medical examination is requested by the defendant and the plaintiff would appear in front of their noticed-specialist (an orthopedic injury may be held before a doctor specializing in orthopedic injuryes, a neurologic injury before a neurologist, etc.)  The plaintiff is allowed to bring a witnessto the defense medical examination.  In the many cases we handle, we would send a nurse to accompany the plaintiff.  The nurse will record the examination and take notes.  No physically instrusive tests are allowed.  The doctor would have copies of all medical records provided by the plaintiff in response to discovery requests, usually a document production request or copies of the plaintiff’s responses to interrogatories where the injury is described.

4. Mediation/ADR: If the case cannot be settled during the discovery phase, the court may order the case to mediation or another form of alternative dispute resolution, or the parties may agree to the same and select the mediator to assist the parties in settling the case.

5. Trial: The case is presented in court, where the evidence is presented and arguments are made.

6. Post-Trial/Appeals: If the case is not settled, it may go to post-trial proceedings or appeals if necessary which would be covered by a separate retainer agreement.