What is Litigation?

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What is Litigation?

In the event that you find yourself in the midst of a legal battle, it is crucial that you are aware of all of the choices that you have available to you. The proprietor of a business in the state of Colorado is typically involved with many different business contacts on an everyday basis. 

Due to the intrinsic nature of owning your own company, it is extremely likely that a legal conflict will, at some point, rear its ugly head. Litigation can make your business vulnerable to undue hardship and cost you large amounts of capital so you can deal with legal expenses. Alternative conflict resolutions like mediation and arbitration are both techniques that might allow you and your adversary to come to a resolution that you can both deal with while at the same time bypassing the abundant issues that litigation generally causes.

If you or someone you love has been injured as the result of someone else’s reckless driving or any other kind of negligent behavior, then you could be entitled to collect financial compensation for your damages. You will need a reputable personal injury attorney who has experience in dealing with these types of cases.

The Complaint

What is Litigation?

Customarily, these types of lawsuits are started by someone filing a complaint with a Colorado district court.  The court in which the complaint is filed will depend on either where the incident took place, or the defendant’s county of residence. The person who files the lawsuit is referred to as the Plaintiff and the opposing party, the one being sued by the Plaintiff, is referred to as the Defendant. 

After the lawsuit has been appropriately filed, a process server will then personally serve the defendant.  The majority of people think that insurance carriers are sued in an effort to recover damages that were caused by someone whom the company insures.  Not a lot of people understand that, when the lawsuit is filed, the insured person s responsible for the injuries is actually the one being sued.    

The defendant will then be given 21 days from the day they were served to respond to the complaint.

Once a response to the complaint is received from everyone involved, the case is considered to be “at issue” by the courts.

Approximately a month or so after being deemed at issue, the case will be assigned a trial date by the court.  Typically, the court strives to set the case for trial within one year of the filing date. In other words, if a case is filed on October 31, 2019, the court will ordinarily do its best to set a trial date prior to October 31, 2020. 

The discovery process generally starts after a case has been set for trial.

The Discovery Process

The discovery process is a chance for anyone involved in the lawsuit to obtain supplementary information regarding the other person’s defenses or legal claims. The discovery process is normally comprised of written discovery demands such as depositions, interrogatories, requests to produce documents, requests to produce items, and requests for admissions, and maybe a defense medical examination.  

Written discovery is exactly what the name implies. It is the process in which the people involved in the lawsuit submit written requests and questions to one another, and the receiving person, via his or her attorney, is obligated to either respond to the questions and the requests, or to give a legal objection and/or reason for not handing over the petitioned items.

Depositions are essentially formal discussions that are held under oath and attended by a court reporter who will write down everything that is being said.  The Plaintiff and the Defendant usually depose one another and oftentimes additional non-involved entities such as eyewitnesses, expert witnesses, and/or attending physicians as well.    

A defense involving a medical examination is a chance for the Defendant to find and hire a doctor of their choosing to examine and assess the injured person.  This doctor will evaluate the victim’s medical records and conduct their own comprehensive health exam. The exam is not invasive and typically takes about an hour or less. 

Discovery usually transpires from approximately two months after the case is filed and lasts until approximately two months before the trial date. 

Mediation

The overwhelming majority of personal injury cases that are filed end up being settled before their trial date.  In fact, those that settle often do so prior to or at mediation.  

Mediation is a formal negotiation where the people involved in the lawsuit go into separate rooms and a mediator, normally a retired judge or an accomplished litigator acts as an intermediary between both parties in an effort to resolve the case.  

The majority of trial judges here in Colorado demand some form of mediation as a step in the process of litigation.  

If a case is unable to be resolved through mediation, it is still not 100 percent guaranteed that it will go to trial but the odds of that happening are now much greater.

The best move you can make after any sort of personal injury to yourself or to someone you care about is to seek the help of Colorado personal injury attorneys who have handled this kind of situation before. 

If you or someone you care for has been hurt as the result of someone else’s careless or negligent behavior, then you might be entitled to obtain financial compensation for your losses. You will need a reputable personal injury attorney in your corner. 

If you are seeking legal representation for a pending lawsuit and you want an attorney who is esteemed, qualified, and knowledgeable in handling these sorts of injury cases, then the personal injury attorneys at the Injury Victim Law offices are just who you’re looking for.

If you would like a free consultation with one of our skilled personal injury attorneys regarding a case you feel you may have, we are here to help. Please reach out to us by calling (800) 245-2774 to schedule your appointment for your free consultation today.

 

 

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