Every lawsuit has a definite path.
First, the complaint is filed by the aggrieved party. Within 60 days it must be served on all other parties. After that, the defendant has 30 days to answer the complaint. The next stage of the lawsuit is “discovery”. During this time, the parties exchange information in a formal written question and answer format (interrogatories) and exchange documents that prove each side’s case (demand for documents and subpoenas) and size up the parties and potential witnesses at oral question and answer sessions (depositions). Depending on the issues involved, there may also be property inspections or medical examinations. All of this is the pre-trial work, and depending on the complexity of the case, it can take from three or four months to more than one year.
After the discovery is done, settlement is explored at mediation with a third party neutral or through exchanges of the attorneys. If settlement is not the result then trial will occur. Due to the budget cuts to the courts, trial may be three or four years after the lawsuit was originally filed.
Thus, having a lawyer who knows the system and can advise you of your best options in keeping with your goals is important. Your lawyer should know if your goal is reachable through settlement or only by taking the case to trial. You need a Warrior who is not afraid to take the case to trial so that if settlement is not the best option, you are not left out in the cold and find your case being tried by a lawyer who is new to you.