Legally speaking ...
Anatomy of a Lawsuit.
By: Anthony V. Locascio, Esq
Recently, at a familiar Red Bank coffee shop, I chatted with a loyal reader of The Journal. She had, unfortunately, been in a car accident approximately a year ago, sustained injuries, and filed a lawsuit. Unfamiliar with the anatomy of a lawsuit, she was curious as to why it took so long to have her day in court and, thus, to hopefully receive compensation for her injuries.
Please allow me to explain this delay via a description of the anatomy of a civil lawsuit. For this example, lets discuss the progression of a lawsuit as it relates to injuries received in a motor vehicle accident.
Most civil lawsuits can go through 5 basic phases: 1) investigation; 2) pleadings; 3) discovery; 4) arbitration; and 5) trial.
1) Investigation phase: After the accident, your retained attorney must diligently obtain and carefully review the police accident report, your insurance policy, your hospital and doctor bills, your medical records/diagnostic test films, photos of your injuries/property damage/accident scene, and possibly obtain statements from any witnesses to the accident.
2) Pleading phase: To start the lawsuit, your lawyer has to prepare a complaint which sets forth (among many things) the names/address of the plaintiff (the injured party) and defendant (the operator of the car that hit you), the date and place of the accident and how the defendants were negligent in causing this accident and resulting injuries.
This complaint is filed with the court and then returned to your lawyer with a docket number. Once filed your lawyer can then prepare a summons, which, together with the complaint, is served on the defendants, by certified mail or by the sheriff. The defendants then (hopefully) forward the suit papers to their insurance company; which intern sends the papers to a lawyer to prepare a defense to the case by filing an answer to the complaint with the court. This process can take several months to complete.
3) Discovery phase: this involves an exchange of information via answers to written questions (called interrogatories) by both the plaintiff and defendant and then usually followed by formal depositions wherein each party is questioned by the opposing attorney in depth regarding the happening of the accident and the injuries sustained. Be advised, that during this deposition, the questions of the attorney and answers by the party are transcribed (written down) verbatim by a court reporter. Also, the attorney for the person being deposed (questioned) should ALWAYS be present during the entire deposition to make certain the questions asked are proper in form and do not seek to elicit privileged information. This phase can sometimes take 6 to 12 months.
4) Arbitration: Months after discovery is complete, the court schedules your case for an arbitration, which is held at the courthouse. At that time, you will appear and testify, in a conference room (not a courtroom), without a court reporter, before an arbitrator (an experienced and neutral trial attorney) about how the accident occurred and your injuries. Unless liability (who is at fault) is disputed, generally only the plaintiff will briefly testify as to the accident and injuries sustained. After this brief testimony, the neutral arbitrator makes a monetary award for the injuries sustained. However, this award is not binding; either side may reject the award (within 30 days) and go to trial. Because there are so many cases pending in the courts, it will usually take many more months before your case will get a trial date.
6) Trial: The trial (is this authors favorite part of the anatomy), and the most formal of all proceedings listed above. During this phase, a jury of your peers will be selected by the attorneys. During trial the jury will hear the facts and evidence relating to the accident and the injuries plaintiff received and then ultimately make a decision on the matter.
Many people are involved in lawsuits; I hope this "anatomy lesson" assists in explaining the time needed to achieve the justice sought in civil cases.
If you have a general legal question you would like discussed, please type or print clearly and send your question to ... The Journal at PO Box, 422 Colts Neck, New Jersey 07722 or you may email your questions to cnjournal@msn.com or to Anthony at anthony@goldandalbanese.com. The names of persons submitting questions, and the specific subject matter shall be kept strictly confidential.
This article is meant for informational purposes only, and is not legal advice. No representations or warranties are made with regard to the accuracy or content of this information. Always contact an attorney before taking any legal action.
ANTHONY V. LOCASCIO is Certified by the Supreme Court of New Jersey as Civil Trial Attorney and is an attorney with the firm of GOLD, ALBANESE & BARLETTI with offices in Red Bank (732-936-9901), Morristown, New York, and Boston, Massachusetts
