PERSONAL INJURY CLAIMS
A Simplified View of the Civil Process
Complaint
- A
formal document outlining the allegations made by the Plaintiff against
the Defendant.
Answer
- The
response of the Defendant to the Plaintiff’s complaint. Usually a denial of the allegations
contained in the complaint.
- The
Defendant is required to address any defenses he may have in his answer.
Discovery
- Discovery
involves the parties requesting information from each other in an attempt
to support or refute the allegations of the Employee.
- Discovery
involves
- Interrogatories
(Questions asked of the party which must be answered under oath);
- Production
of Documents (requests for documents relative to the
allegations);
- Depositions
(a recorded interview of a party by the other party’s attorney taken
under oath before a stenographer).
Motions for Summary Judgment
- Requests by
the Defendant (usually) to have the case Dismissed based solely on the
documents thus far filed with the Court.
Copies of Interrogatory answers, documents produced, and deposition
responses are used to support he Defendant’s contention that the Plaintiff
has no case.
Trial
- A
trial may be by a Jury of six citizens (District Court), twelve citizens
(Superior Court) or by a Judge (Bench Trial).
- In a
Jury case, the Judge acts as an umpire overseeing the Trial.
- In a
Bench Trial, the Judge acts as the umpire and Jury, overseeing the
Trial, evaluating the evidence, and
deciding the case.
Throughout this process, the parties, through their
respective attorneys, engage in discussions aimed at resolving the case. These negotiations may take place even during
the trial process.
The Parties are always encouraged to resolve their
disputes. Better to have a say in the
outcome, than to allow some uncaring third-party decide your case for you.
