When you file a personal injury lawsuit in Florida, the first stages of the lawsuit take place at the initial consultation. At this time, the Lawyer will ask you if you have any damages to be compensated for your injuries or medical bills. You will be advised on what steps to take next.
The Lawyer will then interview you about the details of your injury, the extent of your suffering, whether there is any evidence to support your claim, and what monetary compensation you deserve. The final stage of the lawsuit is the preparation of an opposing counsel to answer questions that have not been addressed adequately at the initial consultation.
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Phases of a Lawsuit
There are four major phases of a lawsuit which is known as the Discovery Process. These are Conclusions, Discovery, Trial, and Appeal. These four stages of the lawsuit take approximately four months to one year, depending on the complexity of the case. Discovery is the first stage in which the Lawyer gets access to all the information that is relevant to the litigation.
Discovery is the phase where the Lawyer requests documents and other information from the opposing party.
This includes depositions of witnesses, photographs, expert reports, etc. From the discovery process, the Lawyer can obtain relevant evidence that is admissible and that can be used at trial. Discovery is a crucial part of the litigation and can be a deciding factor in both the parties favor or against one another. Parties may decide to use discovery or to avoid it.
Discovery can be very long or very short. In some cases, discovery can even stop the lawsuit dead in its tracks.
The Lawyer will need to file discovery requests with the courts before the lawsuit is filed so that the opposing party is given proper notice and opportunity to review and deny the discovery request. Discovery is one of the most critical phases of a lawsuit, as it provides the Attorney with crucial data and evidence about the Parties, their conduct and any relevant facts that can be used at trial.
The next four phases of a lawsuit are the Response, Counterclaim, Counter Complaint, and Discovery.
The defendant in a lawsuit can file a response to the complaint. A defendant’s response to a complaint is simply an answer to the complaint and is generally accompanied by documents and attachments that the opposing parties have submitted to the court. Often, a defendant will assert that they do not have to respond to the complaint, but this is not always the case. If a defendant wishes to challenge the legality of the complaint, a motion to dismiss may be necessary.
After the discovery phase of a lawsuit has concluded, the Plaintiff will have one final chance to file a complaint.
When a lawsuit has been filed in state court, most of the time an order granting preliminary relief is also issued to the plaintiff. In most cases, the plaintiff has up to a ninety-day period to bring the lawsuit before the federal court.
