What Does It Actually Mean to File a Lawsuit?

What does it mean when my lawyer tells me “we are going to file suit?”

Filing a lawsuit in North Carolina for personal injury cases creates a general timeline as follows: filing of a complaint, an answer by the defendant(s), the discovery period, mediation, trial. Each has its own distinct features and rules.

Filing of a Complaint

In North Carolina personal injury cases, the first step in getting to trial is the filing of a complaint. A complaint details what happened in the incident complained of and what it is you want the court to do about it. For instance, in a motor vehicle crash case, the complaint would detail the date of the crash, where the crash happened, what the parties were driving at the time, the resulting injuries, lost wages and medical expenses incurred and what damages you want as a result. In North Carolina, if the damages exceed $25,000.00, then a paragraph stating, “Plaintiff seeks damages in excess of $25,000.00” is required in order to give Superior Court jurisdiction to hear the case.

After the complaint is filed it must be given to the defendant(s). This is called service. There are several ways to serve a defendant. One of the best ways is to have the sheriff of the county in which the defendant resides serve the complaint. The sheriff will take the complaint to the address listed on the summons, that is filed along with the complaint, and give it to the defendant. After the defendant is served, he has 30 days to answer your complaint.

The Answer

The defendant will answer the complaint by responding to each paragraph separately and agree or deny the allegation. For instance, if the plaintiff has a paragraph in his complaint that states something the defendant disagrees with, the defendant will simply respond with, “denied” or something similar. Strategically, it is best practice for the plaintiff to clearly articulate facts he wants the defendant to admit and make them so pointed that the defendant cannot “wiggle” out of answering them directly. The more ambiguous a paragraph the easier for the defendant to deny the allegation.

The Discovery Period

The discovery period includes interrogatories, request for production of documents, and depositions. This time period is for the parties to obtain information from the other side about the merits, or lack thereof, about their case. The parties are required to respond in a timely manner, usually 30 days, and there are few exceptions for a party to not answer discovery requests.

Interrogatories

Interrogatories are written questions. There are limitations as to amount and frequency of the questions that can be asked. Usually an attorney will sit down with the client and go over the questions and help the party answer as best they can. Lawyers do this because many times the questions are written in such a way as to cause confusion. A lawyer can best guide you on what the question is asking and sometimes, more importantly, what it is not asking. It is important in answering discovery that you only answer exactly what the question asks. Sometimes more is not better.

Requests for Production of Documents

Requests for production of documents are a series of demands describing documents that the other side wants you to give them. In a car crash, a party requesting a copy of the crash report and any pictures of the car damage is almost always requested. It is important to maintain documents for your lawyer and to cooperate with your lawyer during this process.

Depositions

Depositions allow the parties to talk to the other side and any necessary witnesses. If your lawyer says, “you are going to be deposed” she is referring to a time where the other lawyer will get to ask you a series of questions on the record. You will be sworn in by a transcriptionist that you will tell the whole truth and nothing but the truth. The other lawyer will then ask you questions about yourself, what happened in the incident and your injuries. Again, it is important for you to only answer the questions that are asked. Remember, the other side wants to trip you up! They will look for ways to twist your words. After the deposition is over, the transcriptionist will send the parties a written copy of the deposition. It is important for you to understand that the paper cannot see your face! If you answer a question jokingly, for instance, the transcript will not get the joke! Keeping in mind that everything you say is being written and not necessarily recorded on video is extremely important. Answer clearly, succinctly and to the point.

Mediation

After the discovery period the parties will get together to try and settle the case. A mediator will have been chosen by the parties. The mediator is not a judge and is not on either party’s side. The mediator makes no decisions about the case. Counsel for the parties will give opening statements sharing the facts of the case and their initial demands or offers of settlement. The parties will then go into separate rooms or virtual rooms if the mediation is on line. The mediator then goes back and forth between the parties with offers of settlement. It is not uncommon for the parties to be extremely far apart at the beginning of mediation. It is the mediator’s job to bring the parties closer together to come to some sort of settlement. If the case settles at mediation, the defendant will give the plaintiff a release to sign and the plaintiff will voluntarily dismiss the case with prejudice. If no agreement is reached, the case continues and the trial will occur as scheduled. Settlement negotiations can continue after the mediation.

Trial

A trial date will have been set months in advance. Each county is different, but in general, there will be a calendar call on the Monday of each week. A list of cases will appear on the docket and the first case listed that the parties say are ready for trial will generally try their case that week. If the case is not tried that week, it gets rescheduled for another calendar call until it is called for trial. Once the trial begins, it starts with preliminary motions and jury selection. After the trial is finished, the jury will render a verdict deciding the case! The losing party will then have the opportunity to appeal if the party feels there was an error committed at trial that needs to be reviewed by the court of appeals.