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In for the Long Haul: What Happens During a Lawsuit

In for the Long Haul: What Happens During a Lawsuit

Published on // Written by McCarthy, Rowden & Baker

Decatur personal injury attorneyEvery personal injury case is different as your Decatur personal injury attorney will tell you. However, for small to medium cases, there is a basic pattern to how they typically proceed. Here is what will usually happen after the insurance company makes a settlement offer:

  • If your Decatur personal injury attorney finds the offer reasonable, he will respond over the phone or in writing with a reduced demand. Negotiations may continue for a few more weeks to reach a final figure;
  • Once settlement is accomplished, your Decatur personal injury lawyer will ask for the check and release, which you will sign; and
  • Your Decatur personal injury attorney will then use the proceeds to pay unpaid medical bills and liens and pay your final settlement. He will also send thank you notes to whomever is appropriate, such as witnesses, and send a release back to the adjuster.

If, instead, your case goes to lawsuit, the process will be much more complex. A month after filing suit, your Decatur personal injury attorney will:

  • Find out whether opposing counsel has filed an answer with the court; and
  • If not, find out why and investigate whether he should file for default.

Within 8-16 weeks of filing a suit, your Decatur personal injury lawyer will:

  • Begin discovery by use of interrogatories and requests for production of documents;
  • Immediately review any interrogatories and requests that opposing counsel has sent to your Decatur personal injury attorney and go over them with you; and
  • Follow pre-trial procedure established by the court.

Once your attorney receives answers to interrogatories, he will schedule depositions with relevant witnesses.

Within 4-6 months, your Decatur personal injury lawyer will:

  • Check that all discovery has been completed within required time frames;
  • Draft and send requests for admission. This is so your Decatur personal injury attorney can better separate liability and damage issues;
  • Find and designate experts who may testify. Your attorney might already have some people in mind, depending on past experience; and
  • Finish up depositions.

If you have any questions about your lawsuit will proceed, talk to a Decatur personal injury attorney for more information. Call McCarthy Rowden & Baker at 800-373-6050.