Lawsuit

A lawsuit is a proceeding by a party or parties against another in the civil court of law. The conduct of a lawsuit is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators. The term lawsuit is used in reference to a civil action brought by a plaintiff against a defendant, who is required to respond to the plaintiff’s complaint.

Burger Law is the recognized leader in injury law. Our experienced and accomplished personal injury lawyers will demand justice and compensation for you in any type of personal injury lawsuit. We take a variety of types of personal injury lawsuits, including the most common:

• Car Accidents
• Truck Accidents
• Slip and Fall
• Dog Bite

We also take lawsuits in these areas:

• Product Liability
• Wrongful Death
• Medical Malpractice
• Workers’ Compensation

Although the majority of lawsuits are settled before reaching trial, they can still be complicated to litigate under civil procedure. The general process of a lawsuit includes:

• Pleading

A lawsuit begins when a complaint or petition, known as a pleading, is filled with the court. A complaint should explicitly state that one or more plaintiffs seek damages or equitable relief from one or more stated defendants, and also should state the relevant factual allegations supporting the legal claims brought by the plaintiffs.

• Pretrial discovery

The formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery is meant to eliminate surprises, clarify what the lawsuit is about and make the parties decide if they should settle or drop frivolous claims or defenses.

• Resolution

Usually, lawsuits end in a settlement. Generally speaking, the plaintiff has the burden of proof in making claims. At any time during the process from the pleading to the final judgment, the plaintiff may withdraw the complaint and end the matter, or the defendant may agree to a settlement. If the lawsuit is resolved by a jury, the decisions are not put into effect until the judge makes a judgment, which is the approval to have this trial information be filed in public records.

• Appeal

After a final decision is made, either party, or both, may appeal from the judgment if they believe there has been a procedural error made by the trial court. The appeal is a review for errors rather than a new trial, so the appellate court will defer to the discretion of the original trial court if an error is not clear.

• Enforcement

When a final judgment is entered, the plaintiff is usually barred under the doctrine of res judicata from relitigating any of the issues, even under different legal theories. Judgments are typically a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant’s assets located within its jurisdiction, like:

• Writ of execution
• Bank account garnishment
• Liens
• Wage garnishment