Partner
Were you recently hurt in an accident that someone else caused? If so, you might be thinking about filing a personal injury suit against that person. The litigation process can be complex, so it helps to know what you can expect next.
When Does a Lawsuit Begin?
A personal injury lawsuit begins when a plaintiff (the injured party) files a complaint with the court. The complaint will list the parties involved, the alleged facts of the case, the legal theory or theories of relief, and the compensation the plaintiff seeks to recover. The case formally begins when the court accepts the plaintiff’s filing of their complaint, at which point the court will assign a case number to the action. The court will also issue a summons to the defendant(s) named in the complaint.
Serving the Defendant with the Lawsuit
After a plaintiff files their complaint to begin their personal injury lawsuit, they must serve a copy of the complaint and the summons on each defendant in the case. Service of process ensures that defendants are aware of the filing of a lawsuit against them and have a copy of the plaintiff’s complaint to understand the factual allegations and claims made by the plaintiff. A plaintiff may choose to have the sheriff in the county where the defendant resides deliver service of process to the defendant, or the plaintiff may hire a private process server to do so. The court does not obtain jurisdiction over the defendant until it receives service of process.
The Defendant’s Answer or Response
Once the defendant receives the complaint and summons, they typically have 30 days to file and serve their answer, which is the defendant’s response to the plaintiff’s complaint. In the answer, the defendant must admit or deny each allegation made in the complaint. A defendant’s answer may also raise defenses they may have against the plaintiff’s claims. A defendant can also assert counterclaims against the plaintiff in their answer. Sometimes, defendants will file motions to dismiss instead of answers, arguing that the allegations in the plaintiff’s complaint fail to state a viable legal claim.
The Court Issues a Scheduling Order
After the defendant files their answer, the court presiding over the lawsuit will issue a scheduling or case management order that establishes a timeline for the case. The order will set deadlines for:
- Service of discovery requests
- Submission of discovery responses
- Completion of discovery
- Filing of pretrial motions
The order may also schedule dates for pretrial conferences, during which the court meets with the parties to discuss the case’s progress and resolve pretrial issues. Finally, the order will set a date for the trial. Courts frequently amend scheduling orders throughout the life of the case in response to parties’ requests for additional time for discovery, pretrial motions, or settlement discussions.
Discovery Begins
After the parties file their pleadings and the court resolves initial motions, a personal injury lawsuit proceeds to the discovery phase. During this stage, the parties exchange information and documents to ensure both sides know the evidence in the case, which can help narrow down the issues in dispute for trial. Discovery may occur through interrogatories (written questions), requests for production of documents, requests for admissions, and depositions of witnesses.
Contact Our Firm Today for Legal Representation in Your Personal Injury Claim
Are you feeling anxious or stressed about the prospect of filing a personal injury lawsuit? The good news is that you don’t have to go through the litigation process alone. You deserve experienced legal counsel who can walk you through each step of a personal injury lawsuit and advocate for your rights and interests. Chatham Gilder Howell Pittman PLLC can handle every aspect of your case and won’t charge you any fees unless and until we win. Contact us today to learn more about how our personal injury lawyers in North Mississippi can help you demand fair compensation.
