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Stockton Premises Liability Claims

Stockton Slip-and-Fall Accidents

Stockton Slip-and-Fall Accidents

Stockton Slip-and-Fall Accidents

Stockton Slip-and-Fall Accidents

I’m Ed Smith, a Stockton slip-and-fall attorney. It happens in the blink of any eye – you are walking through the grocery store when you step in a puddle of water in the middle of the aisle and slip and fall. Or you might have been visiting friends who have a pool, and you slip-and-fall while walking across the deck. If the insurance company fails to compensate you fairly for your injuries a lawsuit may need to be filed by an experienced personal injury attorney. Below is an overview of that process.

Step 1: Filing a Complaint/Summons

Your lawyer will draft a document that explains your case, including the details of what happened. The complaint will need to include:

  • The names of the plaintiff and defendant
  • An explanation of what happened
  • Who should be held accountable and
  • What type of compensation you want.

Once you file the complaint in the appropriate court, you will need to serve both the complaint and the summons against the defendant. The party needs to then respond, typically within 30 days.

Step 2: Response or Answer

The defendant’s answer denies or admits each point in the complaint. He or she might have legal defenses that will minimize responsibility in the case.

Step 3: Discovery

During discovery, your attorney will ask for interrogatories, or your statements, and relevant documents or evidence in the case. This phase can take as little as three months but can drag on for years, depending on how complicated the case is.

Step 4: Pre-Trial Motions

Either party will file pretrial motions in order to address issues before the actual trial. These include:

  • Motion for Summary Judgment: A motion for a final ruling if either party does not think that the facts support the case.
  • Motion to Dismiss: An outright dismissal of the case, usually on a technicality.
  • Motion in Limine: A motion to limit some type of evidence in a case.
  • Motion to Compel: A motion that asks the court to force the other party to turn over certain documents or to appear at a deposition hearing.

Step 5: Dispute Resolution

Parties sometimes meet to mediate the case or for a settlement conference. Both parties generally negotiate mediation while the court directs the parties to hold a settlement conference.

Step 6: Trial

Slip-and-fall trials usually take three days or less.

Step 7: Collecting Judgment

If you win your case, the defendant might pay you on the spot but will generally pay within 60 days.

Slip-and-Fall Lawyer Serving Stockton

I’m Ed Smith, a Stockton Slip-and-Fall Attorney. If you or a loved on has been seriously injured in a slip-and-fall accident, please contact me at (916) 921-6400 or toll free at (800) 404-5400 for free, friendly advice.

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