Filing a Lawsuit
If you have been harmed by corporate misconduct, you may be motivated to seek justice from the indifferent companies that caused you harm. It is important to note that a lawsuit is a serious act. So if the situation warrants legal action, it is best to go into it knowing all you can about how to proceed. More than that, your involvement will be a very important key to the process—from the initial filing to the ultimate outcome at trial.
Most people have had little or no experience with the civil justice system and are thus unfamiliar with what is involved with filing a lawsuit and pursuing a civil action. Some general information about what a civil litigant can expect is listed below. Note that the facts of each case are different, and the specific turn of events in every case will vary depending on individual facts and circumstances.
Evaluation of Your Case
Let our attorneys help you determine whether we can file a lawsuit on your behalf. If you contact the Nemeroff Law Firm, the first step is to evaluate your individual facts and circumstances. Initial investigation will begin when one of the experienced members of our team begins gathering important information about your situation. We will review all of the information that is relevant to your potential case and discuss our review and our thoughts and opinions with you. Before any decision is made regarding filing a lawsuit, we will carefully evaluate all available information so that we are in a position to offer you an informed and measured opinion.
Filing In Court
If our team assesses that proceeding with a lawsuit is the proper course of action for you, our lawyers will then decide when and where the lawsuit should be filed and identify the defendants that we believe are responsible for your injuries.
Your lawsuit will commence by filing what is called a petition or complaint, depending on the rules of the jurisdiction in which your case will be filed. A petition or complaint is simply a legal document that describes the basic facts of your case, names everyone involved and references the legal theories on which your claim(s) are based.
Discovery
“Discovery” is simply the act and procedure of gathering the evidence and information that allows the parties to the case to evaluate their positions and prepare for trial. While different jurisdictions have different rules that govern the discovery process, the basics are essentially the same.
Generally speaking, the first step of the discovery process is the exchange of written information between the parties. How does this affect you? During this portion of the process you will be asked to give answers to written questions called “Interrogatories”. The defendants whom we have sued draft these questions in which they ask that you state under oath that your answers to are true and correct. Additionally, the defendants will send “Requests for Production of Documents,” which are questions from which they will seek to obtain certain documents that are relevant to your claims against them, such as medical records, employment records and other like documents. Experienced personnel from our office will work with you closely throughout this part of the discovery process.
An equally important of the discovery process occurs when the parties conduct depositions. More often than not, the plaintiff’s deposition is the first deposition taken in a case. A deposition is similar to a formal interview. The questions and answers are recorded by a court reporter and in many cases are also recorded on videotape. The person giving the answers—the deponent—gives answers under oath and can be questioned by any party to the lawsuit. Your deposition is a critical part of your case, and the attorneys at the Nemeroff Law Firm will work closely with you and attend your deposition with you. Depending on the facts of your case and the rules of the jurisdiction in which your case is pending, your deposition can take from several hours to several days to complete. However, you will not be alone. The attorneys at the Nemeroff Law Firm will be with you each step of the way.
Trial
During the discovery process, the Court will assign your case a trial date. The Nemeroff Law Firm will ensure that you and your family are aware of the trial date because your involvement not only in the trial but in our preparation for trial are critical. While the Nemeroff Law Firm cannot guarantee success in any given case, in order to present your case in the best manner possible, our attorneys must be intimately familiar with the facts and details that are specific to your situation. As a result, the interaction between our clients and our attorneys is a crucial part of the trial preparation process and will occur on a regular basis.
The Nemeroff Law Firm represents victims of corporate misconduct in courts throughout the country and and enters into trial/co-counsel arrangements in all 50 states. If you are considering filing a lawsuit, we invite you to seek more information about the firm or request a free consultation with Rick Nemeroff or any of the lawyers at the Nemeroff Law Firm.