What Can I Expect Throughout The Process?
Whether it is a personal injury case or an employment law case, the gathering of information happens first. We talk to any friendly witnesses and neutral witnesses who may wish to speak with us. We gather statements. We gather information from third-parties through government record requests or investigation. When we are ready, we file our lawsuit and we assert in that lawsuit any theories of relief that we think make sense and which are designed to maximize the chances of a good recovery.
After the complaint is filed, and answer is filed by the defendant and then "discovery" – the process of exchanging information – begins. This process often takes anywhere from just shy of a year to nearly two years, depending upon the complexity of the matter. "Depositions," occasions where people swear to the truth in law offices and then give testimony, is often a feature of the discovery process, as is the exchange of sometimes significant amounts of paper discovery, medical records, investigatory files, etc.
There may be some "motion" practice – requests to the court for the court to intervene in the discovery process when there are disputes – and then, at last, the discovery period will end.
The pretrial process begins with the filing of what are called "dispositive" motions, where the parties attempt to strike inapplicable claims or defenses and then the parties meet to prepare the matter for trial.
When Will My Case End?
Your case could settle at any time. It can settle at the beginning right after the complaint has been filed, it can settle at a non-binding mediation process shortly after the parties begin discovery, it can settle at any point during discovery, and it can settle right before (or sometimes even at) trial.
What is key for you is to understand that you have to be in for the long haul when you file a lawsuit. Costello & Mains is going to be at your side every step of the way and will believe in you every step of the way, as long as you believe in us. Make sure that you have the emotional energy and the ability to stay the course, and we will stay the course with you.
Do You Have Additional Questions About Your Case?
Contact our office online or at 856-291-0642. Our attorneys and our team is here to guide you through the process and answer any questions you have along the way.