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R. F. Wittmeyer, Ltd. - Attorneys at Law - A personal injury lawyer specializing in car accidents, plane crashes and wrongful death cases involving victims with brain, head or back injury. R. F. Wittmeyer, Ltd. - Attorneys at Law - A personal injury lawyer specializing in car accidents, plane crashes and wrongful death cases involving victims with brain, head or back injury.
www.injurylawattys.com

Basic Outline Of The Litigation (Court) Process

  • Many times, especially in small cases, claims can be resolved without the necessity of filing a lawsuit.
                                                                                     
  • However, where it is necessary to file a lawsuit, the first step is the filing of a Complaint against one or more Defendants with the Court clerk. This begins the Court process, after which each Defendant must be served in order for the Court to obtain jurisdiction over each Defendant.
                                                                                    
  • The first order of business as the case gets started is to identify any other Defendants that should be made parties to the lawsuit and get those Defendants added in to the lawsuit as soon as possible.
                                                                                     
  • Written discovery (written questions and requests for documents) are exchanged between all parties.
                                                                                      
  • Next, the Plaintiff and representatives of the Defendants depositions are taken. A deposition is an oral examination by the opposing attorneys which is taken under oath and recorded by a Court Reporter.
                                                                              
  • The typical next step in litigation is to complete all depositions of the Plaintiff's doctors and any expert witnesses.
                                                                 
  • The case should now be fully prepared for trial, a trial date set, and if the case is not otherwise resolved (by settlement, mediation, or otherwise) the case goes to trial, usually before a jury.
                                                                           
  • A jury trial of the typical injury case takes a week to ten days, although more complex cases can run several weeks. Any party dissatisfied with the jury's verdict, who can identify specific errors made at trial that under the law constitute reversible error, may file an appeal of the judgment entered in the trial court. The appeal process is started by filing a Notice of Appeal within thirty days of the conclusion of all matters in the trial court.

                                                                                          

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Use our online consultation form or by e-mail.

 

R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail:  rfw@injurylawattys.com

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