At Macomb Injury Lawyers, we understand that even the idea of a lawsuit can be stressful and that most people have not gone through the complex and lengthy proceedings of civil litigation for personal injuries.  To help you further understand the process and put your mind at ease, here are some frequently asked questions about lawsuits for personal injuries:



Who Are the Parties in A Lawsuit?


The victim or injured party bringing a lawsuit is known as the Plaintiff.  The party being sued for allegedly causing injury to the Plaintiff is the Defendant.



How Does A Lawsuit Begin?


A lawsuit begins when a formal Summons and Complaint is filed with appropriate courthouse and subsequently served on the Defendant.  The Complaint sets forth the factual and legal basis for bringing the action against the Defendant.


In lawsuits for personal injuries, the Complaint alleges in general that: (1) the Defendant owed a legal duty to the Plaintiff under the circumstances presented, (2) the Defendant breached that duty by failing to exercise reasonable care under those circumstances, (3) the Plaintiff suffered damages, and (4) the Defendant’s breach of that duty caused Plaintiff’s damages.


Upon being served with the Summons and Complaint, the Defendant then has between 21 and 28 days to file a formal Answer to the Complaint with the court, depending on the manner which the Defendant was served (e.g., personal service or registered mail).



What Happens After A Defendant Answers the Lawsuit?


After the Defendant responds to the lawsuit, the court in which the case was filed then steps in and issues what’s known as a Scheduling Order.  Simply put, the court’s Scheduling Order sets dates which control when certain tasks in the lawsuit must be completed.


The first and most time-consuming process of a lawsuit is known as Discovery.  In a few words, Discovery is the information gathering phase of a lawsuit.  More specifically, it is a timeframe in which the parties must complete their respective investigations and “discover” evidence that could be relevant to a case.  This includes responding to various written documents as well as completing depositions of known witnesses in the matter.


In most cases, the Discovery timeframe can go anywhere from six to nine months or even longer depending on the complexity of the matter.



What Are the Goals or Objectives of My Personal Injury Lawsuit?


Simply stated, the purpose of a personal injury lawsuit is to seek monetary compensation equal to the losses and harms a victim has suffered as a result of someone else’s negligence.  While anyone would rather take their health and life back as before an accident, compensation in the form of money is the only thing the law can give personal injury victims in the civilized attempt to make them whole.



How Long Can I Expect My Lawsuit to Last?


While every case is unique in some way and there’s no definitive answer as to how long any given lawsuit will last, on average it can be expected to go on for at least a year to a year and a half, mainly depending on how long Discovery is conducted for.


After the Discovery timeframe described above is closed by the court, the parties commence certain settlement proceedings in the effort to resolve a case before ultimately proceeding to a jury trial at the court in which the case was filed.



We Can Help!


At Macomb Injury Lawyer, our attorneys have over 50 years of combined experience specializing in personal injury lawsuits.  We take pride in guiding our clients through the process of civil litigation during what can be among the most difficult time of their lives and vow to be there every step of the way.


So, if you’ve been injured as a result of someone else’s negligence and want clear guidance on your legal rights or the lawsuit process in general, CALL MACOMB INJURY LAWYERS TODAY FOR A FREE CONSULTATION AT (586) 333-300.


And remember, there’s NO FEE UNLESS WE WIN!

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