When you are seriously injured on someone else’s property in Tennessee, you may have a premises liability lawsuit . When you have determined that the landowner was negligent, decided to pursue the case, and found a good lawyer to represent you, you may have many questions about what will happen next.
Here is an explanation of the legal steps that are typically taken when a lawsuit is initiated:
- You will meet with your attorney. At this time the lawyer you hire will explain your case, let you know what to expect, listen to what you have to say, and collect information from you.
- Initial court papers will be drawn up. The complaint (or petition) will usually be filed first. This basically outlines the case you (the plaintiff) are bringing against the defendant (the landowner). Next, the summons will be presented to the defendant informing him or her of the pending lawsuit. Finally, the defendant will provide an “answer” to the summons.
- The fact-finding and discovery process will begin. Simply put, this process is a sharing of all information available to both sides with the other side.
- Motions may be filed before trial. Also called “resolution before trial,” a number of motions can be presented to settle the trial before it begins.
- Settlement will be considered. The majority of lawsuits are settled out of court, and a trial is not necessary. However, a good lawyer is willing to push the case as far as necessary to get the best result for the client.
- If there is no settlement, the trial will take place. While there are lots of entertaining legal dramas on television, they do not represent most trials accurately. Your lawyer will help prepare you for what to expect in the real world.
- After judgment, money will be collected. If you are awarded monetary damages, then you have won your case. But don’t expect to walk away the same day with a check. It can take time and additional work for your attorney to present you with a final settlement.
- An appeal of the judgment may be filed if either party chooses. If this happens, an appeals court will review the case looking for errors of law. If one is found, the decision could be reversed.
Although simply stated here, the stages of a premises liability case are actually complicated and require a great deal of skill and expertise. The lawyer you choose should be a person with a good reputation in your area who is not afraid to go to court.
If you have a premises liability claim and want the best Tennessee representation, contact Bailey & Greer in Memphis. We can promise you a caring, compassionate, and aggressive prosecution of your case. Just fill out the simple form on this page, or call us toll-free at 901-680-9777 to get started.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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