What to Expect During Litigation

Bradley I. Kramer is a M.D, Esquire. at The Trial Law Offices of Bradley I. Kramer (http://www.biklaw.com/). In this video he discusses what to expect during litigation.

  1. A complaint is drafted & served to the party being sued
  2. Discovery: recovering information from the other party
  3. Written discovery or depositions - oral questionings of the party
  4. Expert witnesses can be brought in to testify to standard of care
  5. Avoiding trial is preferred for all parties involved
  6. Lawsuits take roughly 1-2 years to be heard by a judge

Litigation can be a long complicated, complex process and that’s why you have lawyers that can take care of these things for you.

The first step in any litigation is what’s called drafting and serving the complaint. Once the lawyer drafts a complaint for you, he than has the job of serving the complaint on the party that is being sued. So, if you’re suing another business or another individual, you have to find that individual or business ad make sure that they get a copy, personally, of that complain.

Once the complaint is filed, if the other party chooses to defend the action, then what’s going to happen is something called discovery. And discovery involves a variety of different methods for recovering information from the other party. There’s things called written discovery and there’s also tings called depositions which involve oral questioning of one of the parties.

Once all of that is conducted which usually takes anywhere between three and nine months, then if necessary, expert witnesses will be brought in to testify as to standard of care that applies to that particular case. Meaning, did someone do something that they weren’t supposed to do or did someone failed to do something that they should have done.

Once those expert witnesses, if required, have testified informally, not in a courtroom setting, then you’ll be prepared for a trial.

Most cases don’t go to trial because they’re expensive, time-consuming and they cause a lot of stress for all the parties involved. If you’re able to settle your case, before trial, that usually is the best option for all the parties. But in certain circumstances, the parties can’t come to an agreement ad they have to go to a trial. In any case, your trial should be expected to be heard by a judge or a jury within between one and two years of your attorney fling the initial complain.

The complexity of a litigation is what are the main considerations in determining whether or not you want to file a lawsuit. If your claims do wind up going all the way to trial, you should expect that between one and two years are going to pass before a judge or a jury determines the outcome of those claims. You should consult with your attorney to determine whether or not going to trial or something or settling your matter in an appropriate step for your business.