Lawsuits & Trials

We Have Filed a Lawsuit. What now?

Many clients assume that they have no responsibilities in their case, other than to show up for court on the date of trial. Nothing could be further from the truth.

Your attorney will need your input, help, and cooperation at every stage of the litigation process. You must always be available for your attorney. Be absolutely certain that your attorney has accurate and updated contact information. This means your current address, home phone, cell phone, work phone, and an alternate person to contact who will always know your whereabouts. Untold numbers of cases have been lost due to the attorney's inability to find or make contact with the client.

In addition to being available to your lawyer, you will undoubtedly need to produce information, such as tax returns, medical bills, and execute medical and employment authorizations.

You will most likely answer written interrogatory questions under oath, which will need to be produced within a limited period of time. You will also probably be required to appear for one or more depositions to give your sworn testimony prior to trial. Each one of these procedures in an integral part of the litigation and your case could be lost before it ever goes to trial if you do not cooperate in the pretrial process.

What Happens If My Case Goes to Trial?

Although many cases settle prior to trial, inevitably some are tried. Frequently, you may not know exactly when the court will reach your case for trial. A case may ride the court's docket (calendar) for several months (or years) gradually coming closer to being heard as older cases are settled, tried, or otherwise disposed. Your attorney may know that it is possible that your case may be reached for trial on certain week, but may not know for certain if the case will be reached or on what day of the weekly docket. Witnesses will need to be subpoenaed if it appears likely that the case will be reached. It is imperative that your lawyer be able to reach you immediately if your case is close to being called for trial.

The Trial - What to Expect

Eventually, the case will be called out to trial. Unlike other witnesses, you will need to be present for the entire trial process. This can easily last several days, or sometimes weeks. You will need to make advance preparation with your employer and family members. You will be in front of the jury panel during jury selection and in front of the twelve jurors ultimately chosen to hear your case.

Appropriate Dress & Courtroom Demeanor

Your dress should be neat, clean, modest and appropriate for your social stature and employment. Your dress should not be overly flashy and women should not wear anything revealing. You should be careful in your demeanor as your demeanor and facial expressions should show that you are interested, concerned and serious about the outcome of your case. You should avoid making strange facial gestures or emotional outbursts within sight of the jury. You want these people to help you. How you conduct yourself in the courtroom --- even when you are not testifying --- can have a serious effect on the outcome of your case.

Testifying

When you are called to testify, you have the opportunity to tell your story about what happened to the jury. You will undoubtedly have reviewed the facts in your mind and have been prepared by your lawyer.

Be sure to listen carefully to your attorney's questions on direct examination and to follow his lead. Although you are responding to your attorney's questions, you should make sure to also address the jury --- particularly when your lawyer asks you to tell, or describe, something "to the jury." If opposing counsel objects, you will need to stop testifying and wait for the court's ruling on the objection.

Once your lawyer has finished asking you the questions which will allow you to tell your story to the jury, the opposing attorney will have the opportunity to cross-examine you and attempt to discount or minimize your injuries, call attention to your own comparative fault in the accident, and/or discredit your testimony.

Preparation for opposing counsel's cross-examination is every bit as important as telling your story on direct examination. You should respond carefully and leave time after the question for your attorney to object, if appropriate. You should answer only the question asked without volunteering any additional, or gratuitous, information. Above all, tell the truth, but keep it short and sweet.

Conclusion

It is the writer's hope that this article will give the average person a working knowledge of how personal injury claims are handled and the importance of the client's participation in his or her case.

For Experienced, Professional Representation in Personal Injury Cases, Contact our Office Today at (314) 725-1880.

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DISCLAIMER: THE PRECEDING INFORMATION WAS OF A GENERAL NATURE AND NOT MEANT TO CONSTITUTE LEGAL ADVICE OR TO BE USED IN, OR APPLIED TO, ANY INDIVIDUAL SITUATION. THIS GENERAL INFORMATION IS APPLICABLE TO THE STATE OF MISSOURI AND MAY NOT BE VALID UNDER THE LAWS OF OTHER STATES. IF THE READER HAS SPECIFIC LEGAL QUESTIONS, HE OR SHE SHOULD CONTACT AN ATTORNEY.