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FAQ’s About the Progress of Your Lawsuit

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Is it likely that my case can be settled out of court?

Yes. Stephens & Stephens makes every effort to reach a fair settlement, preferably before filing suit. This allows our clients to get sooner and lessens the wear and tear on them, as well as avoiding the substantial expenses involved in a lawsuit and in trial preparation. Sometimes a quick settlement can be achieved. In other cases, settlement negotiations with the defendant's insurance company may take months, a year, or even longer.

If it appears that an acceptable settlement cannot be reached without a lawsuit, however, your attorney will file suit as soon as it seems advisable. Even after a lawsuit is filed, it remains highly likely that the case will be settled before it reaches the courtroom.

What are the stages of a lawsuit? What is discovery, and when does it happen? How does discovery relate to depositions? Will I have to give a deposition in my own case?

The four basic stages in the development of a lawsuit are: 1) investigation and evaluation 2) filing of the lawsuit, 3) discovery, and 4) trial. A settlement can occur at any stage up to the return of a verdict by a jury. In complex cases, a settlement is most often reached during discovery.

The discovery phase of litigation is the time when counsel for both sides work to "discover" the objective facts in a lawsuit. It occurs after a lawsuit has been filed, but before the case goes to trial.

The first stage of discovery is written; the attorney on each side submits questions ("interrogatories") and receives written answers, and also requests key documents. The second stage is oral; key persons identified as having knowledge about the facts and circumstances surrounding the case can be interviewed by one or both attorneys, with a court reporter present. These legally binding interviews are called depositions.

If your case proceeds to discovery, you nearly always will be deposed by the opposing counsel. Your deposition will take place in our offices, with your attorney present. We will prepare you for your deposition, review the facts of your case with you, and answer any questions you may have. Most clients find their deposition to be a surprisingly relaxed experience.

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