Schuler Law Office
The Civil Procedure of A Civil Litigation Case
Get Legal Help from a Louisville Civil Litigation Attorney
David Schuler at Schuler Law Office has experience litigating cases in Kentucky for all types of injuries — gaining the trust of our clients by helping them get the results they expect. When we are unable to settle your claim to your satisfaction without trial, we schedule a trial of the case and argue for the compensation you deserve. Whether the matter is to be tried to the Judge (referred to as a “bench trial”) or to a jury, in state or federal court, our experience counts. The rules of trial practice are tricky and tight deadlines are often imposed. We are at ease in the courtroom and are able to represent your case in an easily understandable way for jurors. Our trial experience has given us a unique perspective and understanding of the judicial system and provides a depth of knowledge not often found in other trial lawyers.
The Kentucky rules of civil procedure govern the ebb and flow of your case. Our familiarity with these rules works to your benefit when pursuing a claim for compensation for injuries. Our knowledge of the process doesn’t stop with knowing how, when and where to file your claim. The filing is just the start of your case. The real meat of the matter comes after the case is filed. After filing, the following is a general timeline of events:
- Service: The lawsuit is required to be served (or delivered) on the person you are suing.
- Answer: The person sued is permitted to respond to the allegations you make.
- Discovery: The parties are allowed to ask each other questions about the facts of the case, through their attorneys, and a process referred to as discovery.
- Depositions: The parties are also allowed to confer in person, in the presence of and under the guidance of their attorney to discuss and answer questions about the incident.
- Negotiations: Once the discovery and depositions end, a complete picture of the accident develops. The parties then enter negotiations to resolve the case without court involvement.
- Trial: When negotiations fail, a trial to either the Judge or a jury is allowed. Presentation of evidence, the introduction of witnesses and argument for your “side of the story” takes place. The rules of evidence are very strict in what is allowed and how to get your evidence presented to the Judge or jury for analysis.
- Appeal: In the event your case is decided in a way you disagree with, a careful review of the process is required to determine whether an appeal should be filed. The rules for filing an appeal are lengthy and must be followed exactly.
Whether your matter goes to trial or settles, teaming with an experienced attorney is a must. Attorneys are specially trained in the rules of the courts and act as your voice when telling your story. The rules differ from state to federal court, and knowing the differences can be instrumental in achieving a satisfactory result. Work with an attorney who has the courtroom experience needed to successfully present your case.
A good impression with the Court is essential when seeking to recoup damages sustained in an accident.