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  • Phase One: The Complaint
  • Phase Two: Discovery
  • Phase Three: Pretrial preparation
  • Phase Four: The Trial
  • The Verdict

    • How the Law Works

    The United States legal system is designed to ensure equal justice under the law so that no party has an unfair advantage over another. Both sides of a lawsuit have an equal right to have the facts investigated and a case prepared to best represent them. To further assure fairness, there are intricate rules that govern trial proceedings. Personal injury cases demand expertise in the type of law that governs this process.

    Simply stated, the law is divided into two major areas: Criminal and Civil. Criminal cases involve government prosecution of individuals charged with illegal conduct, such as robbery or murder. Civil cases are those dealing with family law, corporate law, and civil actions brought by one individual against another person or against a corporation. Personal injury cases are civil cases. Although some cases settle before they are filed with the court, those that are filed follow the same basic phases.

    One of the important services that Janet, Jenner & Suggs, LLC provdes is guidance through the complex judicial process at a time when many are overwhelmed with dealing with their injuries. The more insight our firms can provide into the workings of the system, the better prepared our clients are for the challenges of the legal process that will face them.

    golden scales and hammer


    Phase One: The Complaint

    A civil action starts when a complaint is filed in court by the attorney representing the injured person or the family of a deceased person. The person bringing the claim is called the plaintiff. The court numbers each case, then each party named as a defendant is served with a summons and a copy of the complaint and is given a specified amount of time to file a formal response. The filing of a case does not always lead to a trial. Over 98 percent of all cases are settled out of court.



    Phase Two: Discovery

    In the discovery process, attorneys gather information that will be used to support or dispute claims or defenses in the case. Attorneys for both sides have access to relevant information gathered during this phase. Discovery can involve oral depositions (testimony under oath) and sometimes written answers to questions. Each side usually requests extensive written documentation ranging from medical and personnel records to photographs and product design specifications. Discovery sometimes requires hundreds and even thousands of hours from attorneys, paralegals, private investigators, numerous other staff members, and outside consultants.


    Phase Three: Pretrial preparation

    Each case is prepared for trial. During this stage, a settlement can often be reached, thereby eliminating the fourth phase of a civil case, in which the dispute is tried before a judge and jury. Mediation is a common approach to dispute resolution during the third phase of a case.

    empty jury seats


    Phase Four: The Trial

    If the parties involved cannot agree on a negotiated settlement before the appointed court date, the case proceeds to trial. The jury selection process then begins, wherein members of the community are called at random to serve as juror candidates. Attorneys from both sides question the potential jurors, with the right to excuse a certain number of individuals who appear to lack impartiality. When a jury is selected, the actual trial can begin.

    Without detailing the intricacies of courtroom procedure, the process can be briefly summarized as follows: Attorneys from both sides present opening statements to the jury outlining the case and any supporting evidence that will be presented. After opening statements, the plaintiff's attorney presents evidence. Evidence is usually a combination of oral witness testimony and physical evidence such as documents, photographs, x- rays, and medical records. The defense attorney then has the opportunity to present evidence that disputes the plaintiff's claims. Sometimes, the plaintiff offers rebuttal evidence. Finally, each attorney delivers a closing argument in a last attempt to influence the jurors in favor of his or her client.


    The Verdict

    After deliberating and reaching a decision in secrecy, the jury presents its verdict to the court. If the verdict is in favor of the plaintiff, the jury also specifies a dollar amount to be paid by the defendant. The jury may assess compensatory damages to compensate for the plaintiff's losses. Rarely, a jury may be allowed to assess separate punitive damages, which are intended to punish the defendant and make an example for others to deter particularly wrongful conduct.

     

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