Our personal injury attorney serving the Greater Kansas City Area wants you to be as informed as possible on how a lawsuit is filed, including how pleadings and discovery proceed. At Noland Law Firm, our goal is prepare you for any impending lawsuit, or assist if you suspect you will be served in the near future.
filing a personal injury lawsuit to obtain adequate compensation
It may be necessary to file a lawsuit to obtain an adequate recovery. This is a legal decision that should be made by your personal injury attorney in Liberty with your input. Before filing suit in your case, we will obtain your permission and explain to you why we believe a lawsuit should be filed.
Although a lawsuit may have to be filed, settlement is always possible. Negotiations continue, and only a small percentage of lawsuits actually go to trial. But if your case should go to trial, your personal injury attorney in Liberty would like you to know some of the steps that are necessary to bring a case to trial.
What are “pleadings” in a personal injury lawsuit?
Pleadings are the documents parties file in court that form the basis of a lawsuit. This is intended to be general information only, as each case is unique. In a pleadings, there is a complaint or petition, summons, and answer or motion. A lawsuit is filed against an opposing party by filing a document in court known as a complaint or petition. The petition is a statement of facts alleging the names of the parties and alleging why the conduct of the defendant entitles the plaintiff to recover damages.
What is an “Answer” in a personal injury lawsuit?
Once the plaintiff’s petition is filed, a Summons is issued to be served on the defendant. This informs the defendant that a suit has been filed and that a response must be made within a given period of time or a judgement will be taken against him. The response filed by the defendant is called an Answer, which is prepared by the attorney for the defendant. If the defense attorney feels there is a fatal flaw with the lawsuit, they may file a motion to dismiss the complaint or to strike portions of the complaint.
Discovery in a personal injury lawsuit
Once an action is filed, both sides have a right to discovery facts concerning the opposing party’s case. In normal discovery proceedings, written interrogatories, depositions, production of records, and sometimes medical examinations are taken. Interrogatories from each side may serve written questions of the opposing party. You are required to answer these questions in writing and under oath. Your personal injury attorney will assist you in preparing your answers.
Depositions in a personal injury lawsuit
Another area of discovery during a personal injury lawsuit includes depositions. Depositions are an oral and transcribed statement, under oath, which may be used by either side in a lawsuit. It has the same effect as testifying at trial. It is used to learn as much about the other side’s claims or defenses. Those present are the parties concerned, their lawyers, sometimes an additional witness or two, and a court reporter who records the questions and answers. Because you are required by law to give a deposition, your personal injury attorney in Liberty wants you to know that full cooperation is vital to your case.
Contact Noland Law Firm Today
We know that going through a lawsuit or potential lawsuit is difficult and have more information available on our website. If you are in the Kansas City Metro Area, including Liberty, North Kansas City, Raytown, Independence and Blue Springs and are looking for a personal injury attorney in Liberty to assist you, contact our team to request a free consultation, or feel free to call us at (816) 781-5055 with any questions regarding your case.
