After a lawsuit is filed, a process called discovery is initiated where both parties send written questions and requests for documents to each other. Then, depositions of fact witnesses and experts, including medical experts, are taken where each person testifies under oath. Discovery helps the attorneys prepare their cases for a jury trial. Oftentimes during a construction site injury lawsuit, the parties will engage in a process called mediation where all parties meet with a neutral mediator in an attempt to resolve a case prior to trial. The mediation can be court-ordered or voluntary. Plaintiffs are required by law to attend their own deposition, mediation and trial, if necessary.
It has been our experience at Padberg Appelbaum Knepper that once a lawsuit is filed, a jury trial is scheduled within 18 to 24 months; however, a settlement can take place at any time throughout the litigation process.