The Many Motions Before Settling In For A Trial


We have already discussed a couple of the things you can do after an accident that could help your case in a personal injury lawsuit. However, as we stated at the beginning of the week, these cases can take many months, often years, to resolve. For instance, there are a number of preliminary steps your Cincinnati injury attorney will need to take before your case goes to trial—or may even eliminate the need for a trial. After you have settled on legal representation, here are some of the stages you may have to go through before ever stepping foot in the courtroom:

  • Pleadings — The first document filed in a lawsuit is the Complaint or Petition, which is given to the defendant in addition to being served a Summons. The defendant will respond to the Complaint with an Answer and possibly a Counterclaim (which would lead to your attorney filing a Reply to Counterclaim). A defendant could also file a Third-party Complaint that passes the liability off to another person or entity.
  • Discovery — This can be an incredibly lengthy, expensive and frustrating part of the process, but the point of discovery is to eliminate any surprises in a lawsuit. The process can involve written discovery such as interrogatories or requests for admission, document production regarding the disclosure of all documents relevant to the case and sworn depositions.
  • Court Motions — Some pretrial motions such as a Motion to Dismiss, Summary Judgment Motion or Motion for Default Judgment can end your case before it even reaches trial.
  • Settlement — Typically your lawyer and the defendant’s attorney will exchange settlement offers and counter-offers. Again, this can be a lengthy process, but it is not uncommon for both parties to arrive at an agreement on a sum of money that eliminates the risk of going to trial.

While some of these stages can eliminate the need for a trial, tomorrow we will discuss what you can expect if indeed your case ends up getting to that point.

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If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.