You may be eligible to file a Tylenol Autism ADHD Lawsuit / Acetaminophen Autism ADHD Claim if you or a loved one used Tylenol and/ or Acetaminophen during pregnancy, and your child was subsequently diagnosed with ADHD or Autism Spectrum Disorder.
Legal action is being strategized by our attorneys for Horizon Therapeutics’ failure to properly warn patients of potential hearing loss side effects.
You may be eligible to file a Tepezza Lawsuit if you or a loved one took Tepezza and subsequently suffered permanent hearing loss or tinnitus.
If you or a loved one took Elmiron and subsequently suffered vision loss, blindness, or any other eye injury linked to the prescription drug.
Contact the Elmiron Lawyers from TorHoerman Law.
Get a free online case evaluation and find out if you qualify for compensation instanly.
You may qualify to participate in a 3M Combat Arms Earplugs Lawsuit if:
Over 140,000 Exactech hip, knee and ankle implants have been recalled due to packaging errors that can lead to the breakdown of parts vital to the device’s function.
If you or a loved one suffered injuries from an Exactech implant device, you may be entitled to financial compensation.
You may be eligible to file a Hair Straightener Cancer Lawsuit if you or a loved one used chemical hair straighteners, hair relaxers, or other similar hair products, and subsequently were diagnosed with:
Get a free online case evaluation and find out if you qualify for compensation instanly.
Over one million people, who were present at Camp Lejeune (North Carolina) between 1953 and 1987, may have been exposed to toxic substances in the water.
The Camp Lejeune Contaminated Water Lawsuit can apply to you, a family member, or a loved one who lived at Camp Lejeune (North Carolina) and suffered health effects from the decades of water contamination that occurred.
Toxic chemicals in Aqueous Film-Forming Foam (AFFF Firefighting Foam) have been linked to numerous types of cancer, including:
AFFF Firefighting Foam lawsuits aim to hold manufacturers accountable for putting peoples’ health at risk.
If you have been exposed to Paraquat and diagnosed with Parkinson’s disease may be eligible to pursue compensation, and entitled to participate in the paraquat lawsuit.
Contact us today to see if you qualify for the Paraquat Parkinson’s Disease Lawsuit!
Get a free online case evaluation and find out if you qualify for compensation instanly.
Our firm is about people. That is our motto and that will always be our reality.
We do our best to get to know our clients, understand their situations, and get them the compensation they deserve.
At TorHoerman Law, we believe that if we continue to focus on the people that we represent, and continue to be true to the people that we are – justice will always be served.
Without our team, we would’nt be able to provide our clients with anything close to the level of service they receive when they work with us.
The THL Team commits to the sincere belief that those injured by the misconduct of others, especially large corporate profit mongers, deserve justice for their injuries.
Our team is what has made TorHoerman Law a very special place since 2009.
Get a free online case evaluation and find out if you qualify for compensation instanly.
A civil lawsuit can seem complex or confusing for those unfamiliar with legal processes.
If you are involved in a civil lawsuit, you shouldn’t feel discouraged by the various steps or legal jargon.
Understanding the steps and terminology of civil lawsuits is key in keeping yourself educated during legal proceedings.
In this article, we break down the basic steps of the civil lawsuit process to help clients better understand what exactly is going on with their lawsuit.
A civil lawsuit, which is sometimes also called civil litigation, is a lawsuit based on non-criminal statutes, meaning it is a completely separate entity from criminal proceedings or criminal court.
A civil lawsuit is a dispute handled legally by the courts, such as a personal injury lawsuit.
Civil lawsuits commonly involve individuals, groups of people, people and businesses, or other entities.
A civil lawsuit can range from a small claim, such as a minor car accident, to major multidistrict litigation over a dangerous medication that involves thousands of people.
Civil litigation goes through specific steps – or proceedings.
Your first step should be to consult with potential representatives, specifically an experienced personal injury attorney, for legal advice about your potential lawsuit.
You need to make sure that you have a valid case so that you do not waste time and resources filing a case that is unlikely to be successful or make it to trial.
An experienced attorney will help you to determine the strength of your case.
You should also be sure that your case falls within your state’s statute of limitations. Ask a legal representative to be sure that you are filing the case within the appropriate time frame.
Consultations are confidential, so don’t withhold information about your case from an attorney. It is best to share all information that you have during a consultation because it gives your potential attorney a complete understanding of the case and allows them to plan future steps in an accurate manner. An open and honest consultation will give you the most accurate prediction of your case’s outcome.
After an initial consultation, your civil lawsuit case will follow four common steps:
Pleadings are the initial step in the civil lawsuit.
Each side, or party, will file paperwork in the relevant court to explain their side of the story.
The person bringing on the lawsuit, or plaintiff, will file a complaint.
The person being alleged of wrongdoing, or defendant, will file an answer.
Choosing an appropriate location for your lawsuit requires legal analyses and knowledge of relevant rules for courts in your area.
This step should be taken with an attorney.
You and your attorney must find a court that fits the following criteria before filing your case:
If the case involves constitutional law, you will need to file the lawsuit with a federal court.
If your lawsuit involves family law, you will need to file the case with a state or regional family court.
If you are filing an appeal, you need to file with an appellate court.
If a disputed monetary amount is under a certain figure, you would file in small claims court. etc.
After selecting the appropriate court for your case, your attorney will draft a complaint.
Once the initial complaint is filed, the civil lawsuit is legally underway.
A complaint is a formal document filed by the plaintiff with the court.
The plaintiff is also responsible for formally delivering a complaint to the defendant.
A complaint provides the plaintiff’s description of events that lead to the dispute, outlining the ways in which the defendant caused harm to the plaintiff.
The complaint also establishes a legal basis for holding the defendant responsible for the defendant’s alleged actions.
The complaint generally contains an explanation for why the court holds jurisdiction over the case as well.
An answer is a response to the plaintiff’s complaint.
An answer provides the defendant’s description of the events that lead to the dispute, outlining any inaccuracies or falsehoods that they find in the complaint.
The defendant has a limited amount of time to file an answer. The defendant can file a counterclaim if they so choose.
The counterclaim(s) is an allegation(s) against the plaintiff, outlining the ways in which the plaintiff caused harm to the defendant.
The counter-claim also establishes a legal basis for holding the plaintiff responsible for the plaintiff’s alleged actions.
The plaintiff will sometimes file a response to the answer or counterclaim in the form of a reply.
As a response to replies, or in the instance that one party requests clarification over legal theories or allegations in the other party’s pleadings, a complaint or answer may be amended.
A party can ask that a specific part of any pleadings also be dismissed by the court, in which cases, a pleading would also be amended.
After both parties have completed the pleadings process, both parties will enter discovery.
Discovery is when both parties begin to obtain information to help strengthen their arguments.
Broad rights of discovery is a theory stating that both the plaintiff and defendant will enter the trial with as much information as possible to make their case.
Discovery also keeps the parties from hiding information from one another.
Discovery is generally the longest part of the civil litigation process.
Discovery begins after all pleadings have been filed and does not end until shortly before the trial.
Each party will obtain evidence through demands for production of documents, depositions of parties and witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, an examination of the scene, and the petitions and motions employed to enforce discovery rights.
Parties may also use expert witnesses to gain knowledge about the case during discovery.
Expert witnesses are brought in to validate arguments and testify on behalf of a party’s claim, and typically are doctors, scientists, or people with proven specialized knowledge on the situation at hand.
Before the trial begins, either during the discovery process or shortly after, parties may use motions to ask the court to rule or act.
The motion can be a request to amend or dismiss part of the case, question the legal basis or languages used by the other party, or a request for clarification of certain issues in the lawsuit.
After discovery has ended, if the dispute is not resolved out of court, the civil lawsuit will move to trial.
Before the trial begins, both parties will submit a brief to the judge.
A brief is a document that outlines the party’s argument as well as any evidence that the party will present during the trial.
At the trial, both the plaintiff and the defense will present their arguments to either a judge or jury.
Trials involving a judge and no jury are referred to as bench trials.
If the trial is set to be decided by a jury, both parties help make juror selections through a pre-trial process of potential-juror interviews called a voir dire.
Once the trial begins, both parties present their opening statements.
Opening statements are brief outlines of the parties’ arguments.
After opening statements are made, each party introduces its case.
The plaintiff always presents its case first. The defense presents its case after.
After the defense has presented its case, the plaintiff has one last opportunity to present additional evidence – known as rebuttal evidence.
Each party will present its cases using evidence, which can include documents, expert testimony, or exhibits that support its argument.
Witnesses may be called to the stand for questioning.
After a witness is examined by one party, the opposing party can choose to cross-examine the witness.
Once each party has had an opportunity to present its case, both will make a closing argument.
In a jury trial, after closing arguments, the judge instructs the jury on the legal basis that it should apply to the evidence.
The jury deliberates for a period of time until a verdict is reached.
In a bench trial, the judge deliberates for a period of time until a decision or verdict is reached.
After the verdict is made, a party can choose to challenge the verdict.
These challenges are more common during jury trials because potential errors and disregard of the law or legal definitions occur more often by juries.
A party can file a motion for judgment notwithstanding the verdict, asking the judge to make a decision without consideration to the jury’s verdict.
A party can also file a motion for a new trial.
If a party does not agree with the result of the trial, they can appeal the decision.
If a decision is appealed, then the civil lawsuit is presented to an appellate court that reviews the previous proceedings of the lawsuit.
Each party will submit a brief and a record of evidence from trial to the appellate court.
The appellate court searches for any errors in legality made during the pre-trial or trial proceedings.
After reviewing the proceedings, the appellate court releases an opinion, which is the appellate court’s decision.
The opinion can either affirm the verdict made by the trial court or find an error, in which case the appellate court may reverse the verdict or order a new trial be conducted by the trial court.
Learn More About the Lawsuit Process:
“Legal Dictionary – Law.com.” Law.com Legal Dictionary, dictionary.law.com/.
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TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Top-notch, hardworking attorneys!
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
They contacted me the next day. Very nice people!
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