If you are part of a slip and fall lawsuit, you may be asking yourself, what does it take to resolve such a case and what exactly is involved. The process of a slip and fall lawsuit is made of several stages which will determine the timeline of the case. Contact an Atlanta slip and fall accident lawyer if you are filing, or subject to, such a lawsuit. The following steps outline a slip and fall lawsuit process:
Your attorney will prepare a document outlining the details of the lawsuit. The complaint document will include a detailed summary or imply enough information to notify the defendant of the claim depending on your state of residence.
The complaint includes the name of the two parties, the description of the accident and what the victim wants as compensation from the defendant.
Your lawyer will file the claim along with a court summons to the defendant. The summons also includes the amount of time by which the defendant should have replied to the summons which is usually 20 days.
Statement of Defense
The defendant will provide a response to your complaint in the stated number of days. The response is usually just an admission or denial of the individual allegations in the complaint.
The statement of defense can also include evidence that show the defendant was not fully responsible for the accident. It may also buy the defendant more time if they waive specific legal defenses.
At this stage, all parties on both sides learn as much about the case as possible. Discovery will usually involve a lot of interrogation of both sides and requests for the production of certain documents the victim intends to use as evidence.
Interrogations can be answered on camera or in writing and under oath to ensure total transparency. The lawyers are intensely crucial during this stage of the slip and fall lawsuit process.
Discovery can take three months or even years depending on the cases’ complexity. Other external factors such as the court schedule may also affect the duration of discovery.
Before the case can go to trial, both parties will usually try to resolve the case out of court. They may also file certain motions to resolve the case including the motion to dismiss, motion to compel and motion for summary judgment.
Mediation and out of court settlement conferences are another way of resolving the case outside of trial. in mediation, both parties choose a mediator to come up with the best solution while in settlement conferences are usually ordered by the court.
Most slip and fall lawsuits end at this juncture.
If a case goes to trial, the court will decide on a date and appoint a judge to handle the case. Trials can last for a few days or weeks depending on how complex they are.
The best person in your corner during the slip and fall lawsuit process is your Atlanta car accident lawyer. Call Ponton Law as soon as possible and get the best legal help in Atlanta.