If you decide to file a construction accident lawsuit, you will likely have many questions about the process. On this page you will find a description of the litigation process and a summary of the steps that you will take in your construction accident lawsuit. This is not an exhaustive description of all the events and outcomes that could be a part of your construction accident litigation experience, but it will give you an idea of what to expect.

Q: What Should I Do First in a Construction Accident Lawsuit?

A: Obtain Legal Counsel

Before you file a claim, before you contact the defendant, before you make any complaints or admissions, contact an attorney. Every step of your litigation process can be critical to the end result and you do not want to make any mistakes that will compromise your ability to obtain compensation you are due. A construction accident attorney will have experience with of the type of lawsuit you are filing and can guide you through the process in the most knowledgeable way possible. Fill out the contact form and submit it to LegalView to be referred to a construction accident lawyer in your city, state or region.

Q: How do I Begin the Construction Accident Litigation Process?

A: File a Cause of Action

Step one in construction accident litigation is filing a complaint, also known as a cause of action. The cause of action states what your injuries are, the parties you believe to be responsible, how and why they are responsible, and what kind of reparations you are seeking. This cause of action must describe why the defendant in the claim is specifically responsible for your construction accident injury. It should also explain why the court with which you are filing is the appropriate court to hear the case.

Q: Who Informs the Defendant of the Legal Action I have Taken?

A: The Court Will Deliver a Summons

The clerk of the court with which you have filed a complaint will serve the defendant with a summons informing the defendant that you are taking legal action against him or her and designating a date by which the defendant must respond. The summons is usually formally delivered in person by a sheriff, law enforcement officer, process server, or other disinterested party. It may also be delivered to the defendant via mail in some cases.

Q: What Happens After the Defendant is Served a Summons in a Construction Accident Lawsuit?

A: An Answer or Counterclaim

When the defendant receives the summons and complaint, he or she must respond by a date that the court has specified. The defendant is likely to respond in one of three ways:

• Denial or Affirmative Defense - The defendant may submit an answer by denying the complaint entirely. The answer may also contain an affirmative defense. An affirmative defense means that the defendant acknowledges the injury, but is defending his own liability by stating that the injury occurred by means that did not relate to his own negligence or misconduct. An example of this might be that the defendant's answer states that the injury was due to the plaintiff's own negligence or misconduct instead of that of the defendant. *
• Motion to Dismiss - The defendant's answer may contain a motion to dismiss the case based on the plaintiff's failure to state a valid cause of action. For instance, the cause of action may have stated that an injury was sustained, and that it was sustained as a result of a construction accident, but did not specify how the defendant's actions related to or caused the construction accident. If a motion to dismiss is returned, the court will usually allow the plaintiff to amend the cause of action, so the motion to dismiss is only a temporary solution for the defendant in most cases.
  
• Counterclaim - If the defendant answers with a counterclaim, he or she is claiming that rather than - or in addition to - being responsible for the plaintiff's construction accident, the plaintiff actually took some action that caused damage to the defendant.

Q: What Happens After the Defendant Responds to the Summons?

A: The Court Will Set a Trial Date, and the Discovery Process Begins

Assuming the claim is not dismissed upon receipt of the defendant's answer, the court will set a trial date. Once the date is set, the discovery process will begin. Discovery refers to the process of obtaining evidence and information that will strengthen each party's case, and prevent either party from being taken off guard by surprise evidence or witnesses. In discovery procedures, each party must disclose the evidence and witnesses that they will be using, as well as submit to verification of the validity of documents and expertise.

Q: What is a PreTrial Conference?

A: A PreTrial Conference Is Held To Discuss the Case Before a Trial Commences

A pretrial conference is meant to allow both parties to discuss the issues surrounding the case before it is presented to a jury in a formal trial. This is primarily to prevent any delays in the trial proceedings. However, it is often during a pretrial that a settlement will be reached. The case could end here if the parties can reach an agreement as to the compensation due to the plaintiff. Settling out of court can save both parties a significant amount of time and money, depending on the complexity of the case.

Q:How Do Construction Accident Lawsuit Trial Proceedings Work?

A: There Is a Standard Protocol For Court Trials

Opening Statements

Before any evidence, witnesses or examinations, each attorney is given time to make an opening statement. At this time, each side will state what they will attempt to prove during their presentation of their case.

Plaintiff's Case

As the plaintiff, you bear the burden of proof in your construction accident case. Therefore, your attorney will present your case first, including all of your evidence and witnesses. The defense attorney will cross-examine your witnesses at this time.

Motion to Dismiss

Before proceeding, the defense attorney will often request that the judge dismiss the case, stating that the plaintiff's attorney has not presented enough proof. This request is usually denied; if it is, the trial will continue.

Defendant's Case

The defense will present their case second, attempting to disprove the claims made by the plaintiff's side. Your attorney will cross-examine any witnesses called by the defense at this time. When finished, the defense will rest its case.

Rebuttal

After the defense rests its case, the prosecution (your attorney) will be given the opportunity to rebut the claims made by the defense by submitting new evidence and testimonies that refute the defendant's claims.

Closing Statements

Both parties will be given the opportunity to summarize their case and make a final plea to the jury for an outcome in their favor.

Jury Deliberation

The jury will be taken to a separate area in the courthouse to discuss and consider the evidence and testimony presented during the case. They are asked to come to a conclusion based on the legally admissible evidence they have heard and seen, and to enter a verdict in favor of either the plaintiff or the defendant. The jury will remain in deliberation as long as it takes to reach a unanimous verdict. If they are unable to do so, they will be considered a "hung" or "deadlocked" jury. If this happens, the judge will declare a mistrial. In the event of a mistrial, the case may be retried, or the parties may decide to dismiss the case or settle out of court.

Verdict

When the jury re-enters the courtroom, the judge will read the verdict. Based on the verdict the court will then make a final ruling as to the amount of damages due to the winning party.

Q: What Are My Options If The Construction Accident Verdict Is Not In My Favor?

A: You May File and Appeal

If you lose your construction accident case, and you wish to continue legal action, you may file a motion to appeal. When you attempt to appeal a judgment, you are not retrying the case; you are requesting that another court review the proceedings of your trial and make a decision to overturn the original verdict. Appeals must be filed within a certain period of time following the trial. If you decide to appeal, you will need to submit court records, attend hearings and pay a filing fee. You will also need the continued support and counsel of a qualified construction accident lawyer. If you are visiting this site because you have filed an appeal, or want to file an appeal, and need help, please submit a contact form. An expert construction accident attorney in your area will be in contact with you to discuss the details of your appeal.