The filing of a lawsuit begins with the filing of what is called a “complaint.” The important thing to understand is that the filing of a lawsuit, or the filing of a complaint, is only the very, very beginning of the litigation. To prepare a complaint, an attorney must have detailed knowledge of all of the facts involved, in the matter. Although one complaint may look like another, to a lay person, in fact each complaint represents considerable time and effort by the attorney, who must customize and tailor each complaint and claims made therein to the particular case at hand.

Once the complaint is filed, it must then be served on the opposing party. This generally requires hiring the local sheriff department of the county where the opposing party resides, to serve the complaint. The other side files what is called an answer. Once this is filed, the “motion war” begins. The motion war is what we call the period of time from the filing of the complaint, until trial. There are often motions to dismiss, motions to compel, and motions for summary judgment. Each of these represents a different legal theory and goal, and some can be the size of an encyclopedia. Once the “motion war” is finished, or while it still rages, discovery begins. Discovery is the gathering of evidence, from the opposing party. Discovery can include iterrogatories and/or depositions. On top of these steps, there are continual court hearings to attend, where the judge rules on motions and determines where the case is at. Finally, the trial arrives, often years later.

The important thing to realize is that one doesn’t just “file a lawsuit” and then go to trial. Litigation is a very involved process that never stops, from the time the lawsuit is filed, until it is over and the jury or judge has rendered a decision. Litigation requires many hours, on the part of the firm and the attorney(s) involved. Thus, if you are seeking out counsel to “file a lawsuit,” you must bear in mind that there will be many fees involved, beyond the cost of simply filing the complaint. The more educated you are about how the legal process works, the more you will be in a position to discuss these various steps and the corresponding cost involved.

At Hoffman Law we work with you, every step of the way, and discuss with you all costs you are likely to incur, up front, so that a frank discussion can ensue. If you are in a position where you need to file a claim or have had a claim filed against you, call us today!