Alabama Injury Lawsuit - Part One - Overview
We are often asked by Alabama injury victims what happens when they file a case. Do they immediately give a deposition? Go in front of the judge? What's the order of things that occur.
We'll hit the following topics in more detail in later posts but for now this will give you a good overview.
1. Suit is filed.
2. The lawsuit (complaint) is served on the defendant or defendants.
3. 30 days after being served, each defendant must answer the lawsuit or file a motion to dismiss.
4. If a motion to dismiss is filed, then the court will normally have a hearing to determine if the case against that defendant can proceed or if that particular claim against a defendant will be dismissed and not a part of the case.
5. If an answer is filed, then the parties can engage in discovery to learn information about each other's positions.
6. Written discovery occurs. This includes request for production of documents, interrogatories (written questions to be answered), request for admissions (questions the other side must answer "yes" or "no" to), and subpoenas to others who are not parties to the case (medical records, etc).
7. Depositions normally follow after written discovery.
8. Often one party will move for summary judgment asking the judge to go ahead and rule in that party's favor on the whole case or part of the case as no reasonable jury could rule on the issue any other way.
9. Often mediation will occur before a trial. This is where the parties try to resolve their differences with the help of a neutral person (lawyer, retired judge, etc).
10. Trial occurs.
11. The losing party can ask the judge to change his or her mind about a ruling so that a new trial can occur.
12. Appeal to the Court of Civil Appeals or the Supreme Court of Alabama.
We will take each one of these steps and provide more detail so that as you consider filing a lawsuit in Alabama you will have a good idea of the steps that happen after you file your injury lawsuit.
