A step-by-step explanation of slip and fall cases
Considering a slip and fall accident? A lot of factors can go into that decision, especially the decision to sue or not. So what exactly can you expect if you decide to go through with the lawsuit? Well, here’s a step-by-step process of what you can expect if you are filing a lawsuit:
You contact Hudson County personal injury lawyer Anthony Carbone. After your free consultation, we will prepare a document that explains the exact nature of the claim. In this complaint, it will state who is suing who, what happened, who you think is responsible, and how much you want the responsible party to pay. This complaint will be brought to the court and it will be served with a summons to the responsible party.
- The defendant has 20 days to answer the complaint, usually in the form of an Answer. He/She may file a counterclaim against you. If the defendant doesn’t file an Answer, then your claim will be defaulted to you and judgment will be placed.
- If the defendant has decided to deny your claim, then comes the discovery phase. This is where each party learns as much as possible about the case. This can take a long time, from months to even years, depending on how complex the case is. Pre-trial motions, such as a motion to dismiss or a motion for summary judgment, usually takes place during the discovery phase.
- There may be an attempt to resolve the lawsuit outside the courtroom through mediation and settlement conferences. This typically happens nearing the end of the discovery phrase.
- If your case can’t reach a settlement, then it will go to trial. The court will hear your case, usually taking no more than five days, and judgment will be handed out. If the defendant loses, they have 30 to 60 days to pay the judgment.