29Jan/090
Some of the events that occur in litigation of a serious injury or wrongful death case
In this article I will describe some of the events that occur in litigation of a serious injury or Wisconsin wrongful death case:
- Summons and Complaint: A summons demands that a person appear in court or respond to a complaint. A complaint describes the person’s actions that caused the lawsuit and a description of the damages suffered.
- Discovery: this is the time period in which the plaintiff (the person bringing the case) and the defendant (the person who is being sued) learn about each other’s case.
- Deposition: this is a question and answer session, under oath and in front of a court reporter, in which attorneys ask witnesses and parties the events that they experienced.
- ADR: is usually an arbitration hearing or a mediation hearing. Arbitration is when an independent person hears evidence and makes a decision. Mediation is when an independent person tries to arrange an agreement between the parties that settles the case. Most jurisdictions or courts require ADR before trial.
- Pretrial: is when a judge either tries to resolve a pending case, or when a judge schedules the dates of trial and the identities of witnesses and evidence that will be used at trial.
- Trial: occurs when a jury of people just like you are gathered to hear evidence and make a decision that will end the legal dispute.